J U D G M E N T

NEENA BANSAL KRISHNA, J

1. The present appeal has been filed by the Appellant mother against the order dated 04.05.2023 by the Learned Judge, Family Court (South) Saket, wherein the court in light of the earlier joint decision of both the parties to send the children abroad for further studies, denied to restrain the admission of the two children in separate schools in UK and declined the request of the appellant to get both the children admitted in the same school. Further, the prayer of the appellant mother for her relocation in the vicinity of schools of the children in UK, was also disallowed.

2. The factual matrix is that the petitioner/father had filed a Guardianship Petition under Section 7&10 r/w Section 25 of the Guardian and Wards Act, 1890 seeking custody of the children. During the pendency of the petition, the appellant had filed an application seeking directions for admission of the children in the schools in UK. On these applications, vide order dated 29.01.2022 and 20.12.2022, the court permitted the father to proceed with the procedural formalities including deposit of fee and relevant documents for securing admission in the schools in UK. The appellant herein was directed to cooperate with the petitioner in completing all the procedural formalities. Since she had an apprehension that the children may suffer psychological trauma of separation and may not be willing to undertake their further studies in UK, the court observed that the final decision with regard to sending the children to boarding school(s) in UK shall be taken only after interacting with the children.

3. The respondent filed the application under Section 151 CPC r/w Section 12 of the Guardian and Wards Act, 1890 dated 18.01.2023 in regard to the prospective admission of the children in the school in UK/British School in Delhi and made the prayers as under:- “a) direct the Petitioner father to take necessary steps to secure the admission of the minor children at „The British School‟, Chanakyapuri, New Delhi;

b) in the alternative, if this Hon‟ble Court deems fit that the minor children‟s education be completed from the schools in U.K., then the Petitioner father shall be directed to:

i) apply and make efforts to secure the prospective admission of the minor children in the same prestigious day boarding schools in U.K.; and ii) make arrangements to ensure the relocation of the minor children and the Respondent mother in the vicinity of the said common day boarding school in U.K. and to bear all their living expenses upon such relocation.

c) restrain the Petitioner father from applying/ admitting the minor children to different schools in U.K.;

d) pass such other/further Order(s) in the interest of justice as this Hon‟ble Court deem fit and proper.”

4. The learned Judge, Family Court in terms of the earlier orders, interacted with the two children as reflected in the impugned order and found that the children were keen to study abroad. The application of the appellant mother was disposed of vide the impugned order dated 04.05.2023 wherein certain directions were given which are as under:-

“(i) The children shall go to UK for further studies- son Master Nathan Kartikey Dubey to Loughborough Grammer School, UK in September, 2023 and daughter Ms. Ananya Dubey to Badminton School UK in September, 2023.

(ii) The respondent shall fully cooperate in the admission process- in applying for Visa, in filing up the school forms/documents etc.

(iii) The entire expenses of education of both the children including their boarding, lodging etc to be borne by the petitioner/father.

(iv) The petitioner/father to bear the expenses of visit of the respondent to UK once in a year to meet children. That shall include the Return Flight Ticket from Delhi to UK and £1500 (pound) towards boarding and lodging during the stay in UK.

(v) During school vacations, the children shall come to India and shall stay with the respondent/mother. The father shall have visitation righ