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2018 DIGILAW 703 (JHR)

Sheoli Hati v. Somnath Das

2018-04-02

APARESH KUMAR SINGH, B.B.MANGALMURTI

body2018
ORDER : 1. Heard learned Senior Counsel for the husband Mr. Gopal Subramanium and Mr. Tapas Kabiraj, learned counsel representing the wife in both the First Appeals No. 59/2016 and 68/2016. 2. Reference may be made to the order dated 28.11.2016. Learned Coordinate Bench of this court, after taking note of the detailed submissions of the parties, had been pleased to observe in the following manner at para-9 thereof: “9. Since, the mother has agreed to the suggestion made by us for getting the child Aditi educated in Sacred Heart School, Jamshedpur, we hereby direct both the parties to get the child admitted in Sacred Heart School, Jamshedpur, in the appropriate class, in which, she is able to get her admission, the entire cost of which shall be borne by the father, as agreed upon by him. We propose to keep the matter pending for one year for watching the overall development of the child in the meantime, and to decide the future action in the matter upon getting report from Sacred Heart School, Jamshedpur. In the meantime, the father may get the registration done for admission of the child in La Martiniere Girls School, Kolkata, situated in the State of West Bengal, which is situated nearer to Jamshedpur than all other boarding schools suggested by the father. This school shall also be convenient for the mother to visit from Jamshedpur, as and when so required.” It is pertinent to mention here that for alleged violation of visitation rights of the father, a contempt case was instituted being Cont. (Cr) (DB) No. 8/2017 before this Court. 3. On completion of one year period, as stipulated by order dated 28.11.2016, the matter was listed before this Court on 13.03.2018. In order to have an overview of the overall development of the child and also in the light of the Educational Report of Sacred Heart School, Jamshedpur, the matter was posted for today at the instance of the learned counsel for the parties. In the meantime, the Contempt (Cr.) case was taken up on 26.03.2018 by a Coordinate Bench of this Court before which, the report dated 21.03.2018 received from the Sacred Heart School, Jamshedpur had already been brought on record. In the meantime, the Contempt (Cr.) case was taken up on 26.03.2018 by a Coordinate Bench of this Court before which, the report dated 21.03.2018 received from the Sacred Heart School, Jamshedpur had already been brought on record. Their Lordships were also of the view that since the First Appeals were under consideration before another Bench, the report dated 21.03.2018 received from the Sacred Heart School, Jamshedpur be placed along with the record of the present First Appeals along with the copy of the order dated 26.03.2018. 4. Today, when the matter has been taken up, learned Senior counsel for the Appellant/ husband has taken us through these orders passed by this Court in the present appeals and Contempt (Cr.) case and also referred to the report of Sacred Heart Convent School, Jamshedpur dated 21.03.2018. He submits that the process of registration at La Martiniere Girls School, Kolkata was scheduled to close by 26.03.2018. The Appellant/husband has however pleaded with the school authorities to permit registration of the child on or before 09.04.2018 when the school reopens. Learned counsel further submits that as on date, since the matter cannot be finally decided, also on account of personal difficulty of learned Senior Counsel for the Respondent/Wife, in view of sudden constitution of Bench, pending final adjudication of the matter at an early date, this Court may allow the Appellant/father to complete the process of registration and admission of the child to La Martiniere Girls School, Kolkata. Otherwise, the chance of getting her admitted to a prestigious residential school in the close vicinity of Jamshedpur, as also observed in the order dated 28.11.2016, may possibly be lost. The Appellant/father however would await the outcome of the proceedings before the child is actually shifted to the residential school. The Appellant/ father has also been made to believe by the school authorities of Sacred Heart Convent School, Jamshedpur that the process of registration and admission to La Martiniere Girls School, Kolkata would not, in effect, close her further studies in the school at Jamshedpur till this Court gives a clear finding, keeping into light the paramount interest of the welfare of the child. Such an arrangement may be allowed for the present, awaiting the final adjudication of the appeals on a date convenient to both the parties. 5. Such an arrangement may be allowed for the present, awaiting the final adjudication of the appeals on a date convenient to both the parties. 5. Learned counsel representing the Respondent/wife in First Appeal No. 68/2016, submits that he has no instruction on the proposal of the appellant relating to her registration and admission at La Martiniere Girls School, Kolkata. He submits that the Interim prayer of the appellant/father, if allowed for the present, would have effect of virtually allowing the First Appeals. Learned counsel has however no comments to make on the School Performance Report of the child submitted by the Sacred Heart Convent School, Jamshedpur for the present. 6. We have considered the submissions of the learned Senior Counsel for the Appellant/ husband and Respondent/wife and also gone through the School Performance Report furnished by the Sacred Heart Convent School, Jamshedpur. We have also taken note of the observations made by the Coordinate Bench of this Court on 28.11.2016 at para-9, quoted above. The time period for registration and admission in a prestigious school like La Martiniere Girls School, Kolkata is not open for indefinite period of time. The period between the end of March and first few weeks of April is crucial within which, admission in all such schools are taken. If the Appellant/father is not allowed to carry out the process of registration for admission of the child in the school in question at Kolkata, perhaps a chance of getting admission in the prestigious residential school would be lost for the current academic year. In the ultimate analysis, we feel that the child should be permitted to take registration for admission in the Boarding school, considering the paramount interest of child. We would therefore accede to the prayer of the learned Senior Counsel for the Appellant and permit the appellant/father to carry out the process of registration for admission of the child in La Martiniere Girls School, Kolkata which is scheduled to close by 09.04.2018. 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, as per appropriate arrangement being made by the school authorities, keeping into mind the peculiar circumstances of the case. 7. In the meantime, the child would be allowed to continue in the Sacred Heart Convent School, Jamshedpur, as per appropriate arrangement being made by the school authorities, keeping into mind the peculiar circumstances of the case. 7. Learned Senior Counsel Mr. Subramanium has made a further request that in case registration and admission of the child in La Martiniere Girls School, Kolkata require her physical presence for any such test, the Respondent/wife may be directed to cooperate in the matter for ensuring that. The date of test would be communicated well in advance to the learned Advocate representing the Respondent mother and the respondent as well. Expenses towards travelling of both child and mother and that of the admission would be entirely borne by the father. Needless to say, the Respondent/wife would cooperate in the matter, by taking the child to the La Martiniere Girls School, Kolkata, if so required by the school authorities for this purpose. 8. After taking into account the School Performance Report of Sacred Heart Convent School, Jamshedpur, we would also like to have a report from the District Probation Officer about the well-being of the child at the place she is presently residing with her mother. Let a copy of this order be communicated to the Deputy Commissioner, Jamshedpur to ensure that a report is submitted by the District Probation Officer, as required by this Court, before the next date. 9. With the consent of the parties, let the matter be posted for 18.04.2018 as unfixed case. Order accordingly.