Jharkhand High Court
Ms. Sheolihati vs Somnath Das on 26 April, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 59 of 2016
Ms. SheoliHati --- ---- Appellant
Versus
Somnath Das --- --- Respondent
With
First Appeal No. 68 of 2016
Somnath Das --- ---- Appellant
Versus
Ms. SheoliHati --- --- Respondent
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice RatnakerBhengra For the Appellant: M/s. Prashant Pallav, Devendra Choudhary, Advocates (F.A. 68/16) M/s Ritu Kumar,Tapas Kabiraj, Advocates (F.A. 59/16) For the Respondent: M/s. Prashant Pallav, Devendra Choudhary, Advocates (F.A. 59/2016) M/s Ritu Kumar,TapasKabiraj, Advocates (F.A. 68/16)
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15/ 26.04.2018 In these appeals, a decision has to be made, whether the girl child Aditi Bisakha Das now aged eleven years, is to be sent to a Boarding School for her education and better future career or not? In order to take a call on this sensitive issue, we may briefly touch upon the background in which this stage has come.
2. The marriage between the spouses solemnized in the year 2003, stood dissolved in the year 2010. During the conciliation proceeding, at JHALSA Respondent agreed not to file any objection against the ex-parte decree of divorce passed by the Court of Principal Judge, Family Court, Bengaluru in Matrimonial Case No. 3358/2008. Matter was referred to JHALSA by the Learned Single Judge during the course of proceeding in A.B.A. No. 518/2008 arising out of the criminal prosecution launched by the wife under section498-A of the Indian Penal Code. A girl child was born out of the wedlock on 09.04.2007. She has been throughout in the custody of the mother at Jamshedpur since then. The father sometime after the divorce,approached the Learned Principal Judge, Family Court, East Singhbhum, Jamshedpur, seeking custody of the minor child Aditi Bisakha Das in Guardianship Case No. 11/2012 under sections 7 and 12 of Guardian and Wards Act, 1890. During the course of the proceeding, an amendment was also incorporated by order dated 16.05.2013 for an alternative relief for directing the child to be admitted in any reputed Residential or Boarding School in India at the expense of the petitioner in the interest of the child and justice. It may be mentioned here that the Guardianship case stood transferred from the Learned Family Court at 2 Bengaluru to the Learned Family Court, East Singhbhum, Jamshedpur by order of the Apex Court. Respondent contested the case.
3. Six issues were framed on recast inter-alia for adjudication which are as under:
I. Whether the case as framed and filed is maintainable in its present form? II. Whether the applicant has valid cause of action for filing the case? III. Whether the petitioner has sufficient means to maintain his minor daughter AditiBishakha Das properly and also provide her all facilities with regard to education, marriage, medical and other welfare of the said minor child?
IV. Whether the petitioner is entitled to get the custody of the said minor daughter namely AditiBishakha Das?
V. In alternative whether the child is required to be admitted and educated in a reputed residential/boarding school in India for her welfare and appropriate upbringing at the expense of the petitioner? VI. Whether the applicant is entitled to get the relief or reliefs as sought for?
5. During the proceedings of the Family Court, father agreed to surrender his claim for custody of the child for the sake of joint parenting. The Respondent also agreed to the concept of joint parenting. Both the parties were interested in the welfare of the child. The question before the Learned Family Court was, whether the child should be sent to a reputed Boarding School or should be allowed to continue with her mother in the school at Jamshedpur where she is presently studying?
6. It is also pertinent to mention here that the father had volunteered to bear all expenses for the education of the child with an objective of ensuring her overall personality development. The financial competence of the father was not disputed. The Respondent is also a school teacher in a school at Jamshedpur. Learned Family Court took into account the voluminous pleadings and evidences adduced on behalf of the rival parties. However, it steered clear of all the allegations and counter-allegations between the parties and the evidences with regard to cruelty and torture by the petitioner upon the Respondent and the evidence in regard to the cruelty and desertion by the Respondent on the petitioner in the factual parameters of the case. According to it, the only aspect that was required to be decided was, what should be good for the future of the child and her welfare? The girl had attained the age of nine years in the month of April 2016.
7. Considering the entire aspects including the personal qualities of the child i.e her sex, age, background, Learned Family Court was of the considered view that it is too early for the child, at the age of nine years, to be sent to the Boarding School, more so when since the last nine years she has been living continuously with her mother. However, Learned Court was also conscious of 3 the fact that since the petitioner / father was ready to bear the expenses of her education in better school and particularly in Boarding School, the same could not be rejected out rightly, but she was required to be prepared for being sent to the Boarding School. Learned Court was also of the opinion that the minimum age for admission to such reputed schools are somewhere around twelve years by which time, normally a student reaches Class-VI and is considered mature enough to live in the Boarding School. It accordingly opined that the child should remain with the mother for the time being and study in the school at Jamshedpur, but to ensure better future of the child, the custodial parent i.e. mother in the present case, shall be under duty to groom the child and prepare her so that she may be comfortably shifted to any Boarding School by the time she completes eleven years of age and is about to reach twelve years in the year 2019 for the academic session 2019-20. After holding thus, Learned Court modified the visitation rights of the father. It allowed the father to visit the child even when she might be ill and might be hospitalized, as in case of joint parenting, it is not that one of the parents is excluded on account of illness.
Apart from that, it held that since the child has to be pampered for the purpose of putting her in hostel or good Boarding School, so for each of the annual vacation particularly two annual vacation, Summer and Winter, half of the time period shall be utilized by the petitioner i.e. the child shall be in the custody, care and guardianship for the first half of each of the annual vacation with her father and remaining half she shall spent with her mother. Such utilization of the vacation by each of the parents in taking care and custody of the minor child would help the child in understanding the situation and things outside the world she is presently living and finally will help in preparing for being shifted to a hostel in some excellent Boarding School and develop a sense of belongingness with her father and mother both. While imposing responsibility on the father for her future higher studies and other expenses including marriage, Learned Court also held the Respondent mother, who is the custodial guardian, to ensure that the child pays proper attention to her studies and that, she also prepares her to be moved to a Boarding School besides inculcating thought to remove bias against her father. Learned court held that the entire cost of her education in such Boarding School shall be borne by the father and once the child gets into the Boarding School, then the mother shall have the right to visit her daughter, as permitted by the school calendar, but at the cost of the petitioner. The petitioner shall pay such cost which shall include the trevelling air fare and other expenses in advance. This is how the Guardianship case was decided.
48. Both the father and the mother for their own reasons, laid challenge to the judgment of Learned Family Court in the present appeals.
9. When the matter was taken up before a Coordinate Bench of this court on 17.11.2016, Learned Court upon consideration of the facts of the case and also coming to know that the child was not doing well in the school where she was presently studying, proposed that the child should be admitted to Sacred Heart Convent School, Jamshedpur for the period of two years and upon getting report from the school about the capabilities of the child, further schooling of the child in the Boarding School of repute in India would be considered. The girl was admitted to the Sacred Heart Convent School, Jamshedpur thereafter. On 28.11.2016 when the matter was taken up, the father proposed to the court that looking to the welfare of the child, it would not be appropriate to wait for two more years as the child is going to complete the age of ten years on 09.04.2017 and upon attaining the age of eleven years, she must be admitted in class-V in any reputed Boarding Schools, preference of which was also made on his part. It was suggested on behalf of the father that the education of the child at Sacred Heart School, Jamshedpur be reduced to the period of one year, so that registration for admission of the child may be made in one of the schools in December 2016 or in early January 2017 and she may be admitted in Class- Vupon attaining the age of eleven years from the session 2018. Learned Division Bench found the suggestion of the learned Senior Counsel, representing the father to be very fair, though learned counsel representing the mother had some reservation. The court observed that welfare of the child lies in her education in one of the best schools in India and the father is eager and ready to bear the entire cost of the same. Welfare of the child demands that she should not be deprived of the same. By the said order, the matter was kept pending for one year for watching the overall development of the child in the meantime and to decide the future action upon getting report from the Sacred Heart School, Jamshedpur. In the meantime, it was observed that father may get the registration done for admission of the child at La Martiniere Girls School, Kolkata situated in the State of West Bengal which is nearer to Jamshedpur than all other Boarding Schools suggested by the father. This school shall also be convenient for the mother to visit her daughter from Jamshedpur, as and when required. Other directions relating to the strict enforcement of visitation rights of the father were also allowed. The matter was posted on the 1 st working Monday in the month of March 2018 as a first case, subject to part heard. On that date, both parties were directed to be present in Court in person along with 5 the child and also to bring on record the educational report of the child from the Sacred Heart School, Jamshedpur.
10. The matter was taken up on 13.03.2018 before this Bench thereafter. On the request of the learned counsel for the parties, in the light of the order dated 28.11.2016, appeals were posted for 02.04.2018 to enable the Court to have overview of overall development of the child also on the basis of Educational Report given by Sacred Heart School, Jamshedpur. Upon considerationof the submissions of Learned Senior Counsel representing the husband and learned counsel representing the wife and the observation made in the order dated 28.11.2016, this Court on 2nd April 2018 acceded to the prayer of learned Senior Counsel for the Appellant and permitted the father to carry out the process of registration of the child at La Martiniere Girls School, Kolkata, which was scheduled to be closed by 09.04.2018. This Court was informed that the process of registration at La Martiniere Girls School, Kolkata was scheduled to be closed by 26.03.2018, but on fervent request made to the School authorities, they had agreed to permit registration of the child on or before 09.04.2018 when the school reopens. We also made it clear that the registration for admission in the said school would, in no way, create equity in favour of the appellant/ father and would obviously not influence the final decision to be taken by this Court. In the meantime, the child would be allowed to continue in the Sacred Heart Convent School, Jamshedpur. The Respondent wife was also asked to cooperate in the matter by taking the child to the La Martiniere Girls School,Kolkata, if so required by the school authorities for registration and admission at the expenses of the father. After going through the School Performance Report of Sacred Heart School, Jamshedpur, we also directed the District Probation Officer to report about the wellbeing of the child at the place where she is residing with her mother.
11. It was brought to our notice on the next date i.e. 18.04.2018, that La Martiniere Girls School, Kolkata had not responded to the request for registration and admission as earlier agreed, after passing of the order dated 02.04.2018. The mother had filed I.A. No. 3149 of 2018 on 09.04.2018 indicating that she had not received any request from the father for attending La Martiniere School, Kolkata. Through supplementary affidavit filed by the father, it was stated that since no response was received from La Martiniere Girls School, Kolkata by 09.04.2018, he had approached other reputed Boarding Schools such as Good Shepherd International School, Ooty, KIIT International School, Bhubaneswar and Loreto Convent Entally, Kolkata for registration and admission of his daughter. However, the details thereof were 6 not enclosed to the affidavit. Learned counsel for the father fervently prayed for short time to produce the relevant details in the light of the fact that the academic session 2018-19 may have started or would start in near future in such schools and decision to admit her to the Boarding school had to be taken without further loss of time. In this background, the matter was posted for 25.04.2018. The mother was asked to bring the child so that, if necessary, the Court may interact with the child to arrive at an opinion in this regard. It is in this factual background that we had the occasion to interact with the girl child independently in the chambers and also with the mother and father separately yesterday.
12. Learned counsel for the father has primarily conveyed the pious intention of the father to ensure the future studies of his only daughter in a reputed boarding school anywhere in India, expenses of which would entirely be borne by him. It is also sought to be impressed that the environment where the child is presently residing with her mother is not ideal, rather not conducive for proper upbringing of the child. He has also sought to refer to the cases lodged against the father and his lawyer in connection with the incidences which were alleged to have happened during the visitation period. He submits that the report of the police authorities enclosed to F.A. No. 68 of 2016 would clearly show that allegations were wholly unfounded and intended to deny visitation rights to the father. He has also submitted that grooming of the child is not being done in proper manner. Certain allegations have also been made about the mother, which, we do not propose to mention in any detail in course of deciding the present issue. In substance, his submission is that the paramount interest of welfare of the child would be best served in furtherance of the concept of joint parenting by sending the child to a reputed boarding school.
13. Through the supplementary counter affidavit filed in F.A. No. 59 of 2016, the father stated that after La Martiniere Girls School, Kolkata refused to respond to his request for registration and admission of his daughter, he has been running to one or the other reputed schools in the country with the only objective to ensure that admission in any of these schools may be accepted before the academic session 2018-19 starts. He has approached Good Shephard International School, Ooty where the girl has been allowed provisional registration in class V- (ICSE) for academic session 2018-19. He has deposited the registration fee. Aptitude test and personal interview is proposed to be completed on or before 10.05.2018. The academic session 2018-19 would start from 21.07.2018. Letter issued by the Principal of the school dated 09.04.2018 and 20.04.2018 are enclosed as Annexure-C & E respectively. The prospectus 7 of the school for Class-V for the sessions 2018-19 show that about Rs. 10.90 lakhs would be the annual expense towards fees, etc. It is stated by the father that if admission is permitted in the said school, the girl would not suffer any loss on academic front. It is also pointed out that Good Shephard International School, Ooty is ranked No. 2 in the category of Residential International School. He has also approached the KIIT International School, Bhubaneshwar. It is stated that KIIT International School is also a reputed international school and is ranked No. 8 in the September edition of the magazine 'Education World'. KIIT International School authorities have also been kind enough to provisionally admit the daughter in class-V with admission no. 3128 for the academic session 2018-19. They have requested him to come with his daughter at the earliest for final interview as the session has already started from 22.03.2018. Letter dated 09.04.2018 is enclosed as Annexure-I. He has also deposited money towards provisional admission as per money receipt dated 06.04.2018 (Annexure-J). The annual fee of the school would be about Rs. 5.53 lakhs for the academic sessions 2018-19. The brochure of the school is enclosed as Annexure-K and L.
14. It is sought to be impressed on behalf of the father that the aforesaid Boarding Schools have the competence and expertise to nurture similar cases and support such children to blossom as good human beings and be successful in life. Learned counsel for the father submits that it would be in the best interest of child to allow her an environment which is neutral in such a reputed Boarding School.
15. Learned counsel for the wife in both the appeals has made the following submissions.
It is stated on instruction, that it is the feeling of the wife that the entire exercise on the part of the father is an attempt to wean away the child from the mother and cause emotional detachment from her with whom she has spent eleven years of life since her birth. The girl is in perfect health and doing well in the reputed Sacred Heart Convent School, Jamshedpur, which is one of the best schools in the city. She has developed friends in the school and the mother is taking care of her interest. She resides with her maternal grandparents who also devote lot of time to her. She is undergoing a phase of development of a girl reaching puberty where it would be in the interest of the child to remain in close proximity of the mother. The mother is equally conscious of her future career and education and would like her to go to a good Educational Institution after she completes her Class -XII and attains the age of eighteen years. It is not that students who study in day schools, do not fare well in life. Learned counsel 8 has also countered the allegations related to the person of the mother. At the end, both the learned counsel representing the parents have left this difficult choice to the Court.
16. We understand the responsibilities under our Parens Patriae Jurisdiction in such a matter. We understand the sensitivity of the matter and difficult choice that is to be made whenever a child especially a girl child at such an age is to be sent to a Boarding School. At this stage, in the chronology of facts, it is important to refer to the two reports, one by the Sacred Heart Convent School, Jamshedpur dated 21.03.2018 and the other by the District Probation Officer, Jamshedpur, enclosed to the record. This is what the Principal of the Sacred Heart Convent School, Jamshedpur had to say about the performance of the child and her well being:
"Sub:- School Performance Report of AditiBishakha Das. Sir, With reference to CASE No.-Cont.(Cr.)-08/2017 dated 4600/17.03.2018, AditiBishakaha Das, who is presently studying is Std V, having Admission No.16510, is trying her best to come up to the average level. In the year 2017 when Aditi was admitted in Sacred Heard Convent School she was below average in her studies. Whenever her mother was called by the class teacher her health was not permitting to visit the class teacher and the co-ordinator of the Primary School. It seems home atmosphere is not contusive for the child to perform well in her studies. The child is in the school only for six hours and the rest of the time the child is at home. Aditi is an intelligent girl. Parents co-operation is very important. It is up to the parents to help the child and to co-operate with the school authorities. Environment is very important for the child's performance and to do well in her studies. It is up to the parents to decide her further. Residential school might help her to do well in her future studies.
Sister Mridula Ac.
Principal, Sacred Heart Convent School, Jamshedpur"
The report sent by the District Probation Officer, East Singhbhum, Jamshedpur through letter dated 10.04.2018 is also extracted hereunder:
"Report Related to the "Well Being" of the girl child/ AditiBishakha Das D/o Mr. Somnath Das and Ms. SheoliHati.
AditiBishakha Das (11 Years old) is the daughter of Mr. Somnath Das and Ms. SheoliHati. She (Aditi) lives with his mother Ms. SheoliHatiAt 'VijayaHaritage' (flate no. 1711), Kamet, P.O.-Kadma, P.S.-Kadma, Dist. East Singhbhum, Jamshedpur, Jharkhand. Her maternal Grandfather and mother are also living with this girl child AditiBishakha Das.
Presently,
1.Physical Condition:-Aditi is an 11 years old fair complexioned girl having good health and corresponding heights. She is vocal and appears 9 to be conscious. Before oct.2016 she had Chalazion disease related with eyes but after successful operation of this disease in oct.2016 now she is well.
2.Mental condition:-Aditi commands robust mental health and her behavioural condition is satisfactory. But she looks tensed and worried from her parental cases.
3.Interest and attitude:-She (Aditi) is said to be sincere, obedient, disciplined and diligent. She is sincere to her study as well as other extracurricular activities. She shares active participation in house hold activities too.
4.Care and protection:-In this investigation the investigator got the care and protection of Aditi is satisfactory.
5.Educational condition:- Now Aditi is in Std.5 in Sacred Heart school in Jamshedpur. Acceding to her School progress report card, she is an average student but talking with Aditi, this investigator founded that she is an intelligent girl. In the better educational atmosphere and without any type of stress or tension she will do better for her future.
6.Atmosphere of this residence:- where Aditi is residing in that place, the living atmosphere of the residence is satisfactory. People around the locality are from medium class. Anything having negative spell wasn't found around. But the educational atmosphere should be better for her study because the investigator founded in this investigation that, with tension and stress regarding parental cases, her study is being affected. She is not having concentration in her study."
17. The District Probation Officer, upon appraisal of her performance and well-being, indicated that tension and stress regarding parental cases is affecting her studies. She is not having concentration in her study. But the educational atmosphere should be better for her. It also indicates that she is having good health and corresponding height; she appears to be conscious; she has robust mental health and her behavioural condition is satisfactory, but she looks tensed and worried because of her parental case. As per the report of the school also, environment is very important for the child's performance. Residential school might help her to do well in her future studies.
18. On our interaction with the girl independently, we also found her to be vibrant and an intelligent child having good health and open to interaction. She is also interested in sports and has come out successful in sprinting. However, it also appear to us that she wants to continue in the Sacred Heart Convent School, Jamshedpur in the company of her mother and is reluctant to go to a Boarding School. Apparently, she has never been away from her mother since her birth. This state of mind is true and same with any child who is to be sent to the Boarding School. There would rarely be a child who would volunteer to go to the Boarding School at this age.
During our interaction with the mother, we naturally found her to be emotionally bonded with the child being a mother with whom the child has 10 grown up since birth. She had reservations about the intention of the father who, according to her, is trying to wean the child away from her custody to sever the emotional ties between the mother and the child. Our interaction with the father separately gave a picture that though, there are various unpleasant memories in his mind with regard to his relationship with his ex- wife, mother of the child and subsequent accusation from her, but he is only concerned with the better future of his only child. He is financially well placed. He had surrendered the claim for physical custody being satisfied with the visitation rights only, in the concept of joint parenting to ensure that the child gets love and affection of custodial parent i.e. mother and also has regular interaction with the father. He stated that he has always been ready to bear the entire expenses of her education at school and also higher education, only with intent to see his daughter blossom into a well-bred person. Father appeared to be ready to forsake even some of the visitation rights, if the court so considers proper, in the larger interest of the child.
This entire background of the facts and circumstances were necessary to be adverted to, to find an answer to the question at hand as the issue is not a legal issue alone, but a humanitarian one involving many facets of human behaviour and sensitivity. The approach of the court is to reach to a decision on consideration of all the relevant factors in an objective manner as to what is right and in the paramount interest of the welfare of the child.
19. In a case of this nature, welfare of the minor child is the first and paramount consideration and the jurisdiction exercised by the Court vest on its own inherent equality powers where the Court acts in "Parens Patriae Jurisdiction. The minor child ideally needs the company of both the parents, however strained relationship between the parents has the effect of stress and tension on the upbringing of the child. In the the case of Gaurav Nagpal Vrs. Sumedha Nagpal reported in (2009) 1 SCC 42, the Apex Court has explained the expression "Welfare" which occurs in Section 13 of the Hindu Minorities and Guardianship Act, 1956 and observed that it is to be construed literally and must be taken in its widest sense. The moral and ethical welfare of the child must also weigh with the Court as well as its physical-being. Though the provisions of the special statutes which govern the rights of the parents or guardians may be taken into consideration, there is nothing which can stand in the way of the Court exercising its Parens Patriae Jurisdiction arising in such cases.
The Apex Court has also relied upon the case of Rosy Jacob Vrs Jacob A. Chakramakkal reported in (1973) 1 SCC 840. In the aforesaid case, the 11 Apex Court held that the object and purpose of the Guardianship and Wards Act of 1890 is not merely physical custody of the minor but due protection of the right of his guardian , to properly look after the ward's health, maintenance and education. The power and duty of the Court under the Act is the welfare of the minor. It has further observed that the children are not mere chattels; nor are they mere play- things for their parents. Absolute right of parents over the destinies and the lives of their children, has, in the modern changed social conditions, yielded to the considerations of their welfare as human beings so that they may grow up in a normal balanced manner to be useful members of the society. The guardian court in case of a dispute 'between the mother and the father, is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them.
In a recent judgment rendered in the case of Vivek Singh Vrs. Romani Singh reported in (2017) 3 SCC 231), the Apex Court had the occasion to deal with the dilemma of the Court in such cases. The Apex Court also took note of the law on the subject. The Court held that there are twin objectives to be served in furtherance of the principles that the welfare of the minor child is the first and paramount consideration in such cases. Para 12, 13 and 15 containing the opinion of the Court in the aforesaid judgment is quoted hereunder:-
"12. ...... In the first instance, it is to ensure that the child grows and develops in the best environment. The best interest of the child has been placed at the vanguard of family/custody disputes according the optimal growth and development of the child primacy over other considerations. The child is often left to grapple with the breakdown of an adult institution. While the parents aim to ensure that the child is least affected by the outcome, the inevitability of the uncertainty that follows regarding the child's growth lingers on till the new routine sinks in. The effect of separation of spouses, on children, psychologically, emotionally and even to some extent physically, spans from negligible to serious, which could be insignificant to noticeably critical. It could also have effects that are more immediate and transitory to long lasting thereby having a significantly negative repercussion in the advancement of the child. While these effects do not apply to every child of a separated or divorced couple, nor has any child experienced all these effects, the deleterious risks of maladjustment remains the objective of the parents to evade and the court's intent to circumvent. This right of the child is also based on individual dignity.
13. Second justification behind the "welfare" principle is the public interest that stands served with the optimal growth of the children. It is well recognised that children are the supreme asset of the nation. Rightful place of the child in the sizeable fabric has been recognised in many international covenants, which are adopted in this country as well. Child-centric human rights jurisprudence that has been evolved over a period of time is founded on the principle that public good demands proper growth of the child, who are the future of the nation. It has been emphasised by this Court also, time and again, following observations in Bandhua Mukti Morcha v. Union of India7: (SCC p. 553, para 4) 12 "4. The child of today cannot develop to be a responsible and productive member of tomorrow's society unless an environment which is conducive to his social and physical health is assured to him. Every nation, developed or developing, links its future with the status of the child. Childhood holds the potential and also sets the limit to the future development of the society. Children are the greatest gift to humanity. Mankind has the best hold of itself. The parents themselves live for them. They embody the joy of life in them and in the innocence relieving the fatigue and drudgery in their struggle of daily life. Parents regain peace and happiness in the company of the children. The children signify eternal optimism in the human being and always provide the potential for human development. If the children are better equipped with a broader human output, the society will feel happy with them. Neglecting the children means loss to the society as a whole. If children are deprived of their childhood -- socially, economically, physically and mentally -- the nation gets deprived of the potential human resources for social progress, economic empowerment and peace and order, the social stability and good citizenry. The Founding Fathers of the Constitution, therefore, have emphasised the importance of the role of the child and the need of its best development."
15. It hardly needs to be emphasised that a proper education encompassing skill development, recreation and cultural activities has a positive impact on the child. The children are the most important human resources whose development has a direct impact on the development of the nation, for the child of today with suitable health, sound education and constructive environment is the productive key member of the society. The present of the child links to the future of the nation, and while the children are the treasures of their parents, they are the assets who will be responsible for governing the nation. The tools of education, environment, skill and health shape the child thereby moulding the nation with the child equipped to play his part in the different spheres aiding the public and contributing to economic progression. The growth and advancement of the child with the personal interest is accompanied by a significant public interest, which arises because of the crucial role they play in nation building."
20. From the aforesaid pronouncement of the Hon'ble Apex Court, it is thus clear that welfare of the minor child is the first and paramount consideration for the Court exercising the ' Parens Patriae' jurisdiction. Howver as observed in the case of Vivek Singh (Supra), at times the prevailing circumstances are so puzzling that it becomes difficult to weigh the conflicting parameters and decide on which side the balance tilts. In our considered opinion, the girl is at the right age where such a decision whether to send her to the Boarding School is to be taken. The whole object of sending the child to the Boarding School is to provide her a neutral environment conducive for her upbringing and good education. Father in this case is in a good financial condition to bear the expenses of rearing up the child in any reputed school in the country. Learned Family Court, while dealing with the subject at length, also favoured that after the child, who was nine years of age at the relevant point of time, studies for two years in a day school at Jamshedpur, she should be sent to a reputed Boarding School considering her better future and education. She was to be groomed by her mother to be sent to the Boarding School finally. The Coordinate Bench of this Court about more than a year back had, upon 13 consideration of this very issue, arrived at an opinion that she could be sent to a reputed Boarding School such as La Martiniere Girls School, Kolkata which is situated near Jamshedpur after completing one year in Sacred Heart Convent School, Jamshedpur as admission to Class-V upon attaining the age of eleven years from the session starting from 2018 would be the right age for the child to be sent to the Boarding school. The reluctance of the child at this stage, who has always been in the custody of her mother for the last eleven years since her birth, is understandable, so is the reluctance on the part of the mother who also does not want to leave the child for all reasons which a doting and loving mother would explain. But we have to be guided by objective considerations in order to see that the child gets a neutral environment to grow up with the best of education affordable in the country where the effect of these inter se litigations and tense atmosphere in the family do not leave an everlasting impact on her psyche at such an impressionable age. The Principal of Sacred Heart Convent School, Jamshedpur and District Probation Officer, Jamshedpur more or less also hold the same opinion.
21. Considered thus, in the totality of the facts and circumstances, we are inclined to accede to the request of the father to allow the child to be admitted to a reputed school i.e. Good Shepherd International School, Ooty in Class-V which is affiliated to ICSE. The session 2018-19 commences from 21.07.2018. In that way, the girl would not lose any valuable period of the session as it is yet to commence. As informed by the father, aptitude test and personal interview is to be held before 10.05.2018. Good Shepherd International School, Ooty as its brochure shows was established in 1977 and has the facilities of best teaching and learning practices, services and opportunities provided by a team of committed mentors and facilitators. It has a knowledge village, a reputed Finishing Schools for girls along with 9-hole golf course, hospital, bank, vegetable farms, dairy and poultry. It is spread over 150 acres of verdant land in Nilgiris in Tamil Nadu, India. Avowedly, it has a state of art infrastructure for academic and boarding talent to deliver world class education. There are houses for the students from Class VI to XII. The Institution is a Member of the Council of International Schools, a benchmark of world class school education. It has a distinguished faculty who are exposed to global developments and reside within the Global Village to devote complete time to make the learning experience for the students an enriching one.
22. In such environment, we are hopeful that the gild child would get the best of the education and upbringing. The mother should therefore cooperate 14 in the interview and admission process and appear on the scheduled date, as per the request of the school authorities to be conveyed through the father with prior intimation. On admission being granted by the school, transfer certificate from the erstwhile school would also be produced on the part of the mother within the time stipulated by the Residential school The father, as promised, would bear all the expenses towards their travelling by flight, stay and other incidental expenses. Upon admission being granted, the mother would cooperate in putting the child in the school when session starts from 21.07.2018. The mother would have the freedom to visit the school and meet the child, not too often as it may counterproductive to her adjustment in new environment, but at least once in two months as per the calendar and terms of the school, preferably on weekend holidays . The entire cost of her visits on such occasion by air including her stay and other incidental expenses would be borne by the father to be paid in advance on prior intimation to the father. The father would also have the freedom to visit the school and meet the child in similar fashion, once in two months preferably on weekend holidays as per the calendar and terms of the school. As far as practicable, the father would visit the school to meet the child in the alternate month when the mother has visited the school.
23. We would like to be apprised about the progress made in this regard after the child is admitted to the school in the month of July 2018 on completion of admission formalities as noted above. Matter should come up in the first week of August 2018 for this purpose. Both parties, however, shall file a compliance affidavit in the matter within a week after completing the formalities for her admission in Good Shepherd International School, Ooty by 09.05.2018.
(Aparesh Kumar Singh, J) (RatnakerBhengra, J) Ranjeet/