The Bombay High Court recently set aside a family court order, helping a 17-year-old boy fulfill his dreams of going to America for higher studies and be able to seek admission to one of the Ivy League colleges. The boy’s father had filed an appeal in the High Court challenging an April 2016 order of a family court, which rejected his plea to allow his son to move to America and study there. The boy’s mother’s lawyer had argued that if he is permitted to study in the US, she will be deprived of his custody permanently.
“It need not be over-emphasised that the boy will get huge and better exposure if he studies in the USA as his chances of securing admission to Ivy League, namely, Yale, Harvard and Princeton University will be far more than his studying in India. It will also help him develop his personality,” said Justice Rajesh Ketkar. The court said, “I have ascertained his wishes and he emphatically stated that he is keen to study in the USA. In the light of this, the Family Court order is liable to be set aside.” The court held that it is empowered to pass from time to time such interim orders with respect to education of minor children consistently with their wishes, wherever possible.