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JHARKHAND HIGH COURT
H.C. Mishra and Dr. S.N. Pathak, JJ.
Somnath Das —Petitioner
versus
State of Jharkhand and Anr. —Opp. Parties
Cont. (Criminal) Case No.1 of 2017 with F.A.No.59 of 2016 & F.A.No.68 of 2016
Decided on 20.2.2017

Counsel for the Parties:
For the Petitioner:M/s Vinod Kanth, Sr. Advocate Vandana Singh and Girish Mohan Singh, Advocates
For the State: Mr. A.K. Mahto, JC to Sr. S.C.-I
For the Opp. Party No.2:M/s V.P. Singh, Sr. Advocate and Amit Kumar, Advocate

IMPORTANT POINT
Disobeying Court orders is contempt of the Court.

Headnote:Contempt of Courts Act, 1971 – Section 12 – Court passing orders regarding custody of girl child and visitation rights of father as also education of the child with the consent of the parents – Mother approaching Supreme Court which dismissed the SLP – Mother still flouting the orders – Mother sternly warned – Directions given in the interest of the child. (Para 8, 9, 10, 11)

       Result: Matter to be listed again on 21.03.2017.

JUDGMENT

Dr. S.N. Pathak, J.—While dealing with F.A. No. 59 of 2016 and F.A. No.68 of 2016 between the parties Somnath Das and Sheoli Hati, on 28.11.2016, in order to protect the future of the daughter of the parties, as also in order to ensure the visitation rights of the father to his daughter, we had passed the following order:-

“7. Learned senior counsel for the father has submitted that the father is always ready to bear all the expenses of the education of the girl child Aditi. It is, however, submitted by the learned counsel that the father had talked to the Managements of all the schools and it is stated that in all these schools, the admissions are taken in Class-IV only, but in the present case, as a special case, the child may be admitted in Class-V, after one year, but for that, the registration is to be made in December, 2016 or in early January, 2017. It is submitted by learned counsel that looking into the welfare of the child, it would not be appropriate for waiting for two more years, as the child is going to complete the age of 10 years on 9.4.2017 and upon attaining the age of 11 years, which she shall be attaining on 9.4.2018, she must be admitted in class-V in any of the aforesaid schools. Accordingly, it is submitted that the period of two years, which was suggested by us for educating the child at Secret Heart School, Jamshedpur, be reduced to the period of one year, so that the registration for admission of the child may be made in one of the schools in December 2016, or in early January 2017, and she may be admitted in Class-V upon attaining the age of 11 years from the session starting in the year 2018.

8. We find the suggestion given by the learned senior counsel appearing for the father to be very fair, though learned counsel for the mother has some reservations and he submits that he wants to seek instructions from his client on this point also. We find that the welfare of the child lies in her education in one of the best schools in India, and the father is eager and ready to bear the entire cost of the same. The welfare of the child demands that she cannot be allowed to be deprived of the same.

9. Since, the mother has agreed to the suggestion made by us for getting the child Aditi educated in Secret Heart School, Jamshedpur, we hereby, direct both the parties to get the child admitted in Secret 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 the report from Secret Heart School, Jamshedpur. In the meantime and the father may get the registration done for admission of the child 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.

10. We also direct that the visiting rights, as has been allowed by the Court below to the father during first half of every vacation, shall be allowed to be conveniently carried on by the mother without any hindrance by her. We are informed that this visiting right has not yet been allowed by the mother and the father was not allowed to take the child with him during the last vacation. Learned counsel for the mother agrees that the same shall be allowed to the father from this winter vacation. It is, accordingly, directed that during the winter vacation of 2016, the child, Aditi, shall be with her father at Bengaluru for the first half of the vacation and during the second half of the vacation, the child shall be with her mother. Learned counsel for the father agrees that if the mother feels, she herself, or her visiting counsel may also accompany the c

















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