Delhi High Court Permits Mother to Pursue Higher Education Abroad With Child

The Delhi High Court allowed a mother to travel to the United States with her minor son to complete her post-graduate studies.

The Court held that a mother’s role as primary caregiver does not curtail her fundamental right to education and personal development under Article 21. It said constitutional protection does not diminish due to parental status and that enabling her education would ultimately benefit the child.

Balancing the child’s welfare with the father’s visitation rights, the Court imposed safeguards including structured virtual interaction, vacation visitation in India, and an undertaking to return after completion of studies.