The Kerala High Court has held that a custodial parent cannot be prevented from taking a minor child abroad for better education and care by imposing unrealistic financial conditions. The Court set aside a Family Court direction requiring the mother to furnish ₹75 lakh as security before taking her son to the United Kingdom, observing that such a condition was not in the child's best interests.
Background of the Case
The dispute arose from guardianship proceedings pending before the Family Court, Thrissur, where the father had sought permanent custody of the minor child.
The mother, who is employed as a Senior Support Worker in the United Kingdom, filed an application seeking permission to take the child with her, stating that she could provide better care and educational opportunities abroad. The Family Court allowed the request but directed her to furnish security of ₹75 lakh and execute a bond along with two sureties.
Challenging these conditions, the mother approached the Kerala High Court.
Court's Observations
A Division Bench of Justice J. Nisha Banu and Justice Shoba Annamma Eapen reiterated that the welfare of the child is the paramount consideration in custody matters.
The Bench noted that the Family Court had itself found that the mother was financially stable, employed in the United Kingdom, and capable of providing proper care and better educational opportunities to the child. It held that requiring security of ₹75 lakh imposed an excessive financial burden that was practically impossible to comply with.
The Court observed,
"Conditions should not be illusionary or incapable of compliance. The right of the child to good education cannot be scuttled by onerous financial burden."
It further stated,
"After permitting the mother to take the child to the United Kingdom, the courts should not penalise custodial parents."
The Bench also noted that there was no allegation of any previous violation of court orders by the mother.
Decision
Allowing the petition, the Kerala High Court set aside the Family Court's directions requiring the mother to furnish ₹75 lakh as security and execute the related bonds.
However, it directed her to file an undertaking before the Family Court agreeing to comply with all the remaining conditions imposed in the earlier order.
Case Details
Case Title: N. T.B. & Others v. S.
Case Number: OP (FC) No. 285 of 2026
Judges: Justice J. Nisha Banu and Justice Shoba Annamma Eapen
Decision Date: 19 June 2026
