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Allahabad HC: Before Shifting Over School Disruption, Court Must Explore If Studies Continue
In a significant ruling on child , the has set aside an order handing over a ten-year-old girl to her father, holding that when the sole ground for shifting was disruption of schooling, the court must first explore whether the child can continue her studies while remaining with the parent she wishes to stay with.
The of Chief Justice Arun Bhansali and Justice Kshitij Shailendra allowed an appeal filed by the mother, restoring of the minor girl to her, while granting to the father.
The Battle and Schooling Crisis
The case arose from matrimonial discord. The mother left the matrimonial home on , and began living with her parents along with the daughter. The father, a resident of Noida, filed a before a , alleging that the child, a Class V student at in Gautam Buddh Nagar, had stopped attending school after the mother's departure. The mother claimed she wanted to admit the child to , where she worked as a teacher, but the father refused to provide the necessary .
The interacted with both parents and the child. The child expressed a clear desire to live with her mother but admitted she was not attending any school pending admission elsewhere. Holding that the child's education was being "adversely affected" and relying on the father's to ensure regular schooling, the ordered to the father, granting the mother and daily video calls.
Mother's Appeal and the High Court's Intervention
The mother appealed, arguing that the erred in ignoring the child's wish to stay with her and that the father was adamantly withholding the NOC. When the asked whether she would send the child back to until admission was secured, the mother readily agreed.
The court noted that the had recorded the child's wish but still ordered change solely due to schooling disruption. The observed:
"We are of the opinion that the learned was required to explore possibility of child to continue study at the School while continue to reside with the mother especially in view of her desire to reside with her mother, which option apparently has not been explored by learned ."
With the mother now agreeing to continue the child's education at , the court held that the very cause for seeking had evaporated.
"In view of the fact that the reason for handing over the of the child to the respondent essentially has been the continuation of the study of the child, which now can continue even while in of the appellant as she has agreed to the proposition whereby the child would continue with her studies at School till she gets admitted to the (new) School, the cause for filing the petition/seeking and the court agreeing to the same, apparently ends."
Balancing Education with Emotional Well-being
The High Court's decision underscores that in disputes, the child's educational needs must be balanced with her emotional bond and stated preference, especially when a practical solution exists. The court directed that the father may visit the child at the mother's home on alternate Sundays for three hours, have temporary for five consecutive days during long school vacations, and interact via phone or video at reasonable times.
The child was ordered to be handed over to the mother by , before 6 PM, with the Station House Officer of in Noida directed to ensure a smooth transfer without disturbance from either party.
By setting aside the 's order, the has reinforced the principle that a child's should not be uprooted solely for schooling convenience when the parent with whom the child wishes to live can ensure uninterrupted education.
