09 Jun 2026 08:27 AM

Custody of Child -- Mother to Pursue Higher Studies Abroad -- Custody Not To Be Denied -- Article 21 Encompasses Personal Development and Autonomy Alongside Child Welfare

Article 21 encompasses the right to personal development and autonomy. A mother cannot be compelled to choose between custody of her child and pursuit of higher education abroad. While welfare of the child remains paramount, denying permission to pursue education constitutes impermissible intrusion into fundamental rights. The mother's personal advancement ultimately serves the child's best interests by enhancing economic independence and capacity to provide stable environment.

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