Quick Summary: The Delhi High Court has allowed Twinkle Vinayak to take her child to the USA for her studies, despite objections from the child's father, Vishal Verma. The court emphasized the mother's right to personal growth and the child's well-being.
Twinkle Vinayak and Vishal Verma got married on February 14, 2014, and had a son on April 3, 2017. However, due to marital issues, Twinkle left with their son on May 5, 2019. Since then, both have been involved in multiple legal battles regarding the child's custody and visitation rights.
Twinkle is pursuing a Master's program in Public Health Education at Marymount University in Arlington, Virginia. She has already completed one semester with a GPA of 3.33. Her parents funded her studies by selling property in Haridwar, spending over ₹25 lakhs.
"The mother has consistently strived to build a stable life for herself and her minor son," stated Dr. Swati Jindal Garg, Twinkle's lawyer.
Vishal Verma, represented by Mr. Udit Gupta, argued that moving the child to the USA would disrupt his stable environment in Delhi. He also feared losing contact with his son, as Twinkle had previously denied visitation rights.
"The child's well-being cannot be put second to the mother's career goals," Mr. Gupta argued.
Judge Saurabh Banerjee emphasized the importance of balancing the mother's right to personal development with the child's well-being. The court allowed Twinkle to take her son to the USA, with certain rules to ensure the father can still visit his son.
"A mother cannot be forced to choose between her child and her career," the court noted.
Twinkle must: - Provide her USA address and school details to Vishal. - Ensure regular video calls between father and son. - Return to India with her son during school vacations. - Not take any new jobs or courses after her current program.
The court also required Twinkle to submit a written statement detailing her plans and finances.
The court decided that Twinkle could go to the USA with her son for her studies, but she must keep the father involved in the child's life by allowing regular contact and visits.
This case sets an example for balancing career goals with parental responsibilities.
