The Delhi High Court has allowed an appeal filed by a father seeking temporary custody of his two minor children during their summer stay in London. Setting aside an order of the Family Court, the division bench held that there was no valid reason to prevent the father from spending time with the children in London when he was otherwise permitted to take them on holidays in India.
Background of the Case
The dispute arose from ongoing matrimonial proceedings between Amritesh Jatia and Vidhi Jatia. The father had approached the Family Court seeking interim custody of the children from June 28 to July 5, 2026, while they were scheduled to be in London with their mother during the summer vacation.
According to the father, he had initially planned a longer vacation with the children and had informed the mother in advance. However, after learning that the children would already be travelling to London with their mother, he modified his plans and sought custody for only one week during their stay there.
The Family Court rejected the request, observing that the father could instead spend time with the children in India before their departure to London.
Arguments Before the High Court
The father argued that he was being unfairly denied the opportunity to spend quality time with the children abroad. He contended that the Family Court failed to consider that he had adjusted his plans to accommodate the mother's schedule and that the children were familiar with London, having lived there with both parents between 2015 and 2019.
The mother opposed the appeal and raised concerns that the father might take the children outside India permanently. She claimed that recent developments in his financial affairs created a risk that he could relocate abroad with the children and not return. She also argued that her parents had arranged and funded the London trip and that the father should not benefit from those arrangements.
Court’s Observations
The High Court found that the Family Court's reasoning lacked support from the record.
The bench noted that the children had previously lived in London with both parents and observed that there was no basis to conclude that the father could spend time with them only in India and not in London.
Addressing the mother's concerns, the court said the apprehension that the father might abscond with the children from London was speculative.
“The apprehension of the Respondent that the Appellant may abscond with the children to Mauritius can be adequately addressed,” the bench observed while noting that the children's passports would remain in the mother's custody.
The court further held that the source of funds for the proposed vacation was not a relevant factor in deciding interim custody. It also rejected the argument that the father was incapable of caring for the children alone.
The judges observed that if the father was considered capable of taking care of the children during holidays in India, there was no reason to assume he could not do so in London.
Decision
Allowing the appeal, the Delhi High Court set aside the Family Court's order and granted the father custody of both children in London from June 28 to July 5, 2026. The relief was made subject to the condition that he reimburse the full cost of the children's return air tickets purchased by the mother before June 25, 2026.
The court directed that the children's passports would remain with the mother and that the father would not take the children outside London during the custody period. Specific arrangements were also laid down regarding the handover and return of the children.
With these directions, the appeal was allowed and the Family Court's order was set aside. The pending applications were also disposed of, with no order as to costs.
Case Details
Case Title: Amritesh Jatia v. Vidhi Jatia
Case Number: MAT.APP. (F.C.) 210/2026
Judges: Justice Tejas Karia and Justice Madhu Jain
Decision Date: June 22, 2026
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