Matrimonial dispute चल रहा हो और meanwhile children को एक city से दूसरी city… और फिर India से बाहर ले जाने की situation आ जाए — husband को इसे सिर्फ “family matter” समझकर ignore नहीं करना चाहिए.
A significant Delhi High Court judgment dated 23 January 2026 dealt with exactly this kind of complicated custody situation.
In Suman Sankar Bhunia v. Debarati Bhunia Chakraborty, the parties had two children. During the long-running dispute, the children were moved through different cities, while the mother subsequently took up employment in the United Kingdom and lived there. The children, however, remained in India.
The father had been pursuing guardianship proceedings and access to the children, while the litigation also involved disputes concerning parental access and the children's records.
The Delhi High Court examined the matter from one central question:
बच्चों के लिए वास्तव में क्या बेहतर है?
The Court rejected the application seeking relocation of the children outside the territorial jurisdiction of Indian courts.
It ultimately directed that custody of both children vest with the father, specifically emphasizing best interests of the children, sibling unity, emotional continuity and balanced parental presence.
और यहाँ NRI families के लिए एक बहुत important point है.
Being an NRI, having a foreign job, having better financial resources or having a foreign residence does not by itself decide custody.
The Court said that financial capacity cannot be the sole deciding factor. The welfare and best interests of the children remain paramount.
So if a Delhi matrimonial dispute involves children and one parent is planning to relocate abroad, don't wait until the child has already moved.
Keep the complete record:
School records.
Travel details.
Passport-related documents.
Previous custody orders.
Visitation history.
Video-call records.
Messages concerning access to the child.
Counselling reports.
Evidence showing where the child has actually been living.
क्योंकि बाद में सिर्फ “मुझे बच्चे से मिलने नहीं दिया गया” कहना और उस बात का proper record होना — दोनों बिल्कुल अलग situations हैं.
For an NRI husband, this becomes even more important when the spouse and children are in different countries or when relocation is being discussed during an ongoing matrimonial dispute.
If you are searching for divorce lawyers in Delhi or divorce lawyers in Delhi NCR, remember that a matrimonial case involving children can quickly become a separate custody, relocation and access dispute.
Delay मत कीजिए.
A child may change school, city or even country while you are still deciding what legal step to take.
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NRI husband हैं, children India में हैं या overseas relocation का issue सामने आ गया है? Notice आने का इंतजार मत कीजिए. अपने custody orders, travel documents, school records और communication history को लेकर पहले 1-to-1 consultation कराइए.
कई बार बच्चे के relocation के बाद situation को वापस practically manage करना कहीं ज्यादा complicated हो सकता है.
Men Cell | Divorce Lawyers in Delhi NCR | NRI Husband & Matrimonial Consultation
This post discusses a particular Delhi High Court judgment. Custody and relocation decisions depend on the individual facts, evidence and welfare of the children.
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