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Family Court had dismissed respondent-mother’s application for restoration of custody, by recording findings contrary to the material placed before it and inconsistent with the Karnataka High Court’s express order modifying the visitation arrangement.
Kerala High Court emphasised that the welfare of the child is paramount consideration. While courts may impose safeguards when permitting a child to be taken abroad, such conditions must be reasonable and capable of compliance. Onerous financial conditions that effectively deny the child better care and educational opportunities cannot be sustained.
The Child status as an illegal migrant in India post-visa expiration posed legal and social constraints, making his welfare better served in the U.S., where he enjoys full rights as a citizen.