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Read the Judgement that changed the rules for custody
The petitioner, a mother, challenged a prior court order that had denied her application under Section 26 of the Act to travel abroad to the UAE with her minor son after securing a job, arguing that the father had failed to provide maintenance. The court thoroughly examined the application of Section 26, emphasizing that the welfare of the minor is the paramount consideration, citing established jurisprudence and international conventions like the Convention on the Rights of the Child. Ultimately, the court granted the petition, allowing the mother to take the minor out of the country for his better future prospects, given the father’s failure to regularly pay maintenance.
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