The welfare of the child is of paramount importance in custody disputes, and the court must consider the child's best interests, including education and overall development.

JUDGMENT

Biswajit Basu, J. - An affidavit filed on behalf of the opposite party and reply thereto filed by the petitioner be kept with the record. The parties are husband and wife, due to matrimonial discord, they are at present, living separately. They have a son in their wedlock who is in the custody of the mother, the petitioner herein. The said son of the parties was a student of the Asian International School, Howrah (AIS in short).

2. The father, the opposite party herein, has initiated a proceeding under the Guardians and Wards Act, 1890 for the custody of his said minor son which is pending before the Court of Additional District Judge, Fast Track-I, District- Howrah being Misc. Case No. 142 of 2021. The Order no.11 dated May 11, 2022 passed in the said Misc. case is under challenge in the present application under Article 227 of the Constitution of India.

3. In the said Misc. Case, the father, on April 26, 2022 filed an application alleging that offline class of the child had commenced on and from April 07, 2022 but the mother is not sending the child to the school without any valid reason and prayed immediate action so that the son is not deprived of his right to education. The mother, on the said date prayed for adjournment of hearing of the said application, the learned Trial Judge although deferred the hearing of the said application to May 21, 2022 but considering the urgency of the matter, passed the following interim order on the said application:

'However, since school attendance and attendance in extra-curricular activity classes are vital aspects for the overall development of the child and intricately connected with the annual performance of the child, I deem it necessary to issue certain interim directions. Accordingly, the O.P. Soma Deyati is directed to ensure regular attendance of the minor in his academic classes at school, as well as in his extra-curricular classes such as painting classes, Guitar classes, football and cricket classes, unless prevented by any sickness of the child.'

4. The father, on May 06, 2022 filed an application complaining that the mother, in violation of the aforesaid order, is not sending the child to the school. The mother filed written objection to the said application wherein she alleged that the father, on March 26, 2022 was present in the parent- teacher meeting at AIS and used foul languages against her in front of other students and their guardians. The son became terribly shocked and embarrassed when the said incident was conveyed to him by his friends and refused to attend AIS anymore. In the said written objection, the mother, however, disclosed that she has admitted the child to a new school.

5. The learned Trial Judge by the order impugned has disposed of the said application of the father dated May 06, 2022 with the following directions:

'(1) The OP shall get the minor Ayush Deyati re-admitted/continued in the same school, i.e. Asian International School Howrah, ensuring that no loss of academic year is caused to him. The petitioner will ensure that all procedural formalities for such re-admission/continuation, including payment of fees for the said purpose, are done at his end. The school authorities of Asian International School Howrah are requested to accommodate both the petitioner Mrinal Deyati and OP Soma Deyati in connection with the procedural formalities for such re- admission/continuation, including filing up of forms, etc.

(2) The petitioner shall have the right to know the academic developments and problems of the child in respect of his day-to-day schooling from the authorities of Asian International School, Howrah, but shall not, without the leave of the Court, issue any directions in respect of the child, to the school authorities.

(3) Every consultation with a child psychologist, in respect of the minor henceforth, shall be done with the participation of the petitioner upon due prior intimation so as to enable him to attend the same.

(4) As it appears that t