SC irked over Dubai court order restricting child's travel in matrimonial dispute

Delhi, The Supreme Court referred to a Dubai court's decision to limit a minor child's travel in a matrimonial case as "atrocious" and "violative of human rights." The father of the child, a Ghanaian citizen who lives in Dubai, United Arab Emirates, has filed a habeas corpus appeal on the limited topic of visitation rights, and a bench of Justices Surya Kant and N Kotiswar Singh has issued notice.

"Issue notice for the limited purpose of granting visitation rights to the petitioner along with other ancillary reliefs, returnable on April 28, 2025," the court ordered on April 17. The bench noted during the hearing that a court's imposition of a travel ban in a marriage dispute would essentially be equivalent to "house arrest." The father argued it was unlawful detention when his estranged wife, who lives in Bengaluru, moved their son from Dubai to India against the instructions of a Dubai court.

While representing the petitioner, Justice Surya Kant took note of the circumstances and said to senior lawyer Nikhil Goel, "It was alleged that she was being held virtually in confinement." An 'atrocious' order that constituted a blatant breach of human rights was obtained by a court. How may a court in a divorce dispute restrict a child from traveling?