Matrimonial Lawyer: Direction of HC to admit child in boarding school, on the request of husband, in custody petition, affirmed by SC.

Supreme Court of India

Justice Ashok Bhushan and Justice Navin Sinha

The SC { Sheoli Hati v. Somnath Das} affirms the order of the High Court, by which, it was directed that the child shall be admitted to boarding school i.e. Good Shepherd International School, Ooty for the academic session 2018-2019 at the expense of the father/respondent. Initially, the Family Court in the petition of the Husband u/s 7 and 12 of the Guardian and Wards Act,1890 had directed the admission of the child in the session 2019-2020, but it was modified by the HC as aforesaid on the report of day School in which the child was earlier studying.

The SC while dismissing the appeal of the wife/appellant had observed that the appellant/wife has right from beginning opposing the prayer of the respondent to send the child in the boarding school and tried to find fault with the school at Ooty. On the other hand, it was held that the intention of the husband/respondent has always been that the child should get best education at a neutral environment, which may help in developing the personality of child.

It was also held that what is in the interest of the child depends on the facts and circumstances of each case and has to be decided on its own merits without adhering to any fixed formula or rule. It was directed that High Court should also take into consideration subsequent materials which may be brought before it by the parties including the progress report of the child from Good Shepherd International School, Ooty and reports received from Child Welfare Committee, while finally deciding the pending appeals. As no good ground was found to interfere with the impugned judgment of the High Court, the appeal was dismissed by the SC.