In a significant ruling aimed at safeguarding a child’s future, the Calcutta High Court has ordered a woman to return to Canada with her five-year-old daughter. The division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi facilitated a resolution to a long-standing cross-border custody battle, emphasizing that the minor, a Canadian citizen by birth, belongs in her country of origin as per previous international court orders.

The case originated from a marital dispute in Canada, following which the mother fled to Kolkata with the child, defying an Ontario court’s directive. The father then moved the Calcutta High Court seeking custody. During the proceedings, the judges observed that the child’s visa had expired and keeping her in India against her legal status was not sustainable. After several rounds of counseling and stern warnings from the bench, the mother finally consented to return, provided certain financial and residential safeguards were met.

The High Court has laid down specific conditions for this transition. The father, a Canadian citizen, is required to travel to Kolkata within 15 days to fetch his family. Upon arrival in Canada, the husband must provide a monthly allowance of 1,000 Canadian Dollars to his wife for at least three months. Furthermore, the mother and child will reside in the husband’s house while the husband himself will move to a rented accommodation to ensure the wife’s comfort. The court mandated that the father must support the mother until she finds suitable employment in Canada. This balanced verdict prioritizes the child’s welfare while addressing the mother’s concerns.