The paramount interest of the child and the need to ensure the child's education and well-being influenced the court's decision in permitting the father to complete the registration process while allowing the child to continue in the current school.

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. 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