The Delhi High Court has allowed an appeal under Section 19 of the Family Courts Act, setting aside a Family Court order and granting interim custody of two minor children to the father for a 7-day period in London while the children are already scheduled to be there with the mother.
Background of the Case
The parties are involved in matrimonial disputes, including a pending divorce petition (HMA No. 1774/2023) before the Family Court, South District, Saket. The couple has two minor children. Both parents and children currently reside in the same house in New Delhi but live separately.
The father (Appellant) planned a vacation to London with the children during their summer break and informed the mother in advance. The mother (Respondent) had already booked a longer 35-day trip to London with the children (15.06.2026 to 20.07.2026), with expenses borne by her parents. The father adjusted his plans and sought interim custody for 7 days (28.06.2026 to 05.07.2026) while the children were in London.
The Family Court dismissed the father’s application under Section 26 of the Hindu Marriage Act, 1955. The father appealed to the High Court.
Key Issues
- Whether the father should be granted interim custody of the minor children in London for a short period during the mother’s planned vacation.
- Balancing parental rights to spend quality time with children against the mother’s apprehensions regarding the father being a flight risk.
- Relevance of the father not bearing travel expenses and the children’s familiarity with London.
High Court’s Analysis and Ruling
A Division Bench comprising Hon’ble Mr. Justice Tejas Karia and Hon’ble Ms. Justice Madhu Jain delivered the judgment on 22 June 2026, allowing the appeal.
The Court observed that the Family Court’s reasoning — restricting the father to spending time only in India — lacked support in the record. The children had lived in London from 2015 to 2019 and were familiar with the city.
The Bench rejected the mother’s flight risk concerns as speculative. The children’s passports remain with the mother, making unauthorised removal unlikely. The Court noted that similar risks would exist even for domestic travel.
The High Court held that the source of funds for the vacation was not a relevant consideration for interim custody. Since the mother had no objection to the father taking the children for holidays in India, there was no reason he could not do so in London.
Directions Issued by the Court:
- The father is entitled to custody of the children in London from 28.06.2026 to 05.07.2026.
- The father must reimburse the full cost of the children’s return air tickets (Delhi-London-Delhi) to the mother’s account by 25.06.2026.
- Passports of the children shall remain with the mother and not be handed over to the father.
- The father shall not take the children outside London during this period.
- Specific handover timings and locations in London were directed.
The Impugned Family Court order was set aside, and the appeal was allowed with no order as to costs.
Key Takeaways
- In custody matters, courts must facilitate meaningful access for both parents, especially during vacations, keeping the best interest of the child paramount.
- Past residence of children in a foreign city can be a relevant factor for permitting temporary custody abroad.
- Apprehensions of flight risk must be based on concrete evidence, not speculation, particularly when safeguards like passport retention are in place.
- Financial aspects (who bears travel costs) should not override parental access rights when one parent is already incurring the expense.
- Interim custody applications under Section 26 HMA remain maintainable even after dismissal of a permanent guardianship petition.
Case Details
Case Name: [Appellant] v. [Respondent]
Citation: MAT. APP. (F.C.) 210/2026, CM APPL. 38906/2026 & CM APPL. 38907/2026
Court: High Court of Delhi
Coram: Hon’ble Mr. Justice Tejas Karia & Hon’ble Ms. Justice Madhu Jain
Date of Judgment: 22 June 2026
Click HERE for full Judgment
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