Delhi District Court
Master Rishi Kapoor vs . Oxford Senior Secondary School on 30 January, 2019
Suit No. 1178/17 Page 1 of 7
IN THE COURT OF DR. JAGMINDER SINGH
JSCC-cum-ADDITIONAL SENIOR CIVIL JUDGE
cum-GUARDIAN JUDGE, DWARKA COURTS, DELHI
Suit No. : 1178/17
In the matter of :
1. Master Rishi Kapoor (Minor),
Through Guardian Appointed by Will
Mrs. Meena Khattar,
R/o A-13, Sainik Nagar, Uttam Nagar,
District-West Delhi, Delhi-110059.
........Plaintif
Versus
1. Oxford Senior Secondary School,
Through Its Principal,
Vikaspuri, New Delhi-110018.
......Defendant
Date of institution of the suit: 08.11.2017
Final Arguments Heard on : 30.01.2019
Date of Judgment : 30.01.2019
Final Order : DECREED
SUIT FOR DECLARATION & MANDATORY INJUNCTION
JUDGMENT :
1. This is a suit for declaration & mandatory injunction.
2. Brief facts necessary for the disposal of the Master Rishi Kapoor Vs. Oxford Senior Secondary School Suit No. 1178/17 Page 2 of 7 present suit as mentioned in the plaint are that plaintiff is a guardian/Maasi (Sister of Mother) of minor Master Rishi Kapoor. Deceased mother of the minor appointed the plaintiff as guardian of the minor by way of her Will dated 24.10.2015. Marriage of deceased mother of the minor was solemnized with Sh. Manoj Chauhan as per Hindu Rites on 15.09.2003 and out of the Wedlock Master Rishi Kapoor was born (minor of present case). That marriage was resolved vide a decree of the Court by mutual consent vide order dated 07.03.2008. As per settlement between deceased mother & father of the minor, custody of the child was given to the mother till he attains the age of maturity. In year 2014, mother of the child took him to U.A.E. with transfer certificate from his school and got him admitted to G.D. Goenka School, Sharjah, U.A.E. where she appointed Mr.Burhan Mohammad Nadim as a local guardian of her minor son. Thereafter, she had again got transfer certificate from G.D. Goenka School, Sharjah, U.A.E. to get him admitted at his earlier school i.e. Oxford Sr. Sec. School, Master Rishi Kapoor Vs. Oxford Senior Secondary School Suit No. 1178/17 Page 3 of 7 Vikaspuri, New Delhi (Defendant). In that transfer certificate name of Mr. Burhan Mohammad Nadim was entered as father of the minor Rishi Kapoor. Thereafter, mother of minor Rishi Kapoor died on 17.11.2016. Therefore, present suit is filed on behalf of the minor child Rishi Kapoor through his guardian/plaintiff with prayers that deceased sister of the plaintiff may be declared as single parent or biological father of minor child and his biological mother both may be declared as parents of the minor child. It is further prayed that the school authorities may be directed to enter the name of biological mother of the child or both biological parents in the school record of Minor Child Master Rishi Kapoor.
3. On filing of the suit, summons of the suit were issued to the defendant. Defendant had appeared and filed written statement. In para-wise reply of the plaint, the defendant has admitted birth certificate of the child. It is also admitted that minor child is studying in the defendant school. Marriage of Late Seema Kappor (mother of minor Master Rishi Kapoor Vs. Oxford Senior Secondary School Suit No. 1178/17 Page 4 of 7 child) with Sh.Manoj Chauhan is also admitted. It is further admitted on behalf of defendant that the settlement was entered into between the biological parents of the minor child according to which, mother of the child was given custody and guardianship of the child till he attains age of majority. The religion of the minor child is admitted as Hindu and fact of divorce between his parents is also admitted.
4. After filing of WS, an application is moved on behalf of plaintiff u/O XII R 6 CPC for decree of the case on the basis of admissions. During arguments on the application, it is submitted on behalf of the plaintiff that he is not pressing the present suit regarding prayer clause (i) pertaining to declaration and he is pressing the suit only for alternative prayer in prayer clause (ii) regarding mandatory injunction. To this, Ld. Counsel for defendant submits that defendant is having no objection, if mandatory injunction is granted in favour of the plaintiff directing the defendant to enter names of biological parents of Master Rishi Kapoor in his School Records. Therefore, the only prayer pressed for Master Rishi Kapoor Vs. Oxford Senior Secondary School Suit No. 1178/17 Page 5 of 7 on behalf of the plaintiff in the present suit is that, "(ii) pass a decree for mandatory injunction against the defendant and in favour of the plaintiff/guardian of the minor Master Rishi Kapoor directing the defendant's School Authorities to enter the names of the biological father of Master Rishi Kapoor namely Sh. Manoj Chauhan along with the deceased mother Ms. Seema Kapoor as parents of the minor Master Rishi Kapoor in the school record."
5. Fact of marriage between Late Ms. Seema Kapoor and Sh.Manoj Chauhan is not disputed. It is further proved by way of copy of judgment passed by the Court of Ld. ADJ dated 07.03.2008, wherein it is clearly mentioned that Sh. Manoj Kumar & Smt. Seema Kapoor were married on 15.09.2003 at Delhi according to Hindu Rites and Ceremonies. It is further mentioned in joint statement of both Smt. Seema Kapoor & Sh. Manoj Chauhan recorded during disposal of the divorce petition that one child was born on 13.05.2004 out of their wedlock. In mediation settlement dated 18.01.2008 at mediation centre Tis Hazari Master Rishi Kapoor Vs. Oxford Senior Secondary School Suit No. 1178/17 Page 6 of 7 Court in Suit No. 444/03/04 also it is mentioned that child master Rishi was born out of the said wedlock and as per settlement, his custody and guardianship was given to her mother till he attains the age of majority. Birth certificate of minor child which is admitted document is also on record. According to which, names of mother & father of the minor child are mentioned as Seema Chauhan & Manoj Chauhan respectively.
6. Hence, in view of the facts & circumstances and documents placed on record, admittedly the biological parents of the minor child are Ms. Seema Chauhan & Sh. Manoj Chauhan. It is already submitted on behalf of the defendant's school that school authority has no objection in entering the name of biological father of the minor along with name of his mother in his school record. Therefore, present suit is decreed u/O XII R 6 CPC in favour of the plaintiff and against the defendant. Defendant i.e. Oxford Sr. Sec. School, Vikaspuri, New Delhi is hereby directed to enter the names of biological father of Master Rishi Kapoor Master Rishi Kapoor Vs. Oxford Senior Secondary School Suit No. 1178/17 Page 7 of 7 namely Sh. Manoj Chauhan along with his deceased mother Late Ms. Seema Kapoor as parents of minor Master Rishi Kapoor in the School Record.
7. Suit is decreed accordingly.
8. No order as to cost.
9. Decree sheet be prepared accordingly.
10. File be consigned to Record Room after due compliance.
Announced in the open court Digitally signed
on this 30th day of January, 2019 JAGMINDER by JAGMINDER
SINGH
SINGH Date:
2019.01.30
16:14:36 +0530
(DR. JAGMINDER SINGH)
JSCC-ASCJ-cum-Guardian Judge,
Dwarka Courts : Delhi
Note: This judgment is having Seven pages and each page is bearing my signatures.
(DR. JAGMINDER SINGH) JSCC-ASCJ-cum-Guardian Judge, Dwarka Courts : Delhi Master Rishi Kapoor Vs. Oxford Senior Secondary School