SHIWANI KABRA Vs. SHALEEN KABRA

JUDGEMENT

(1.) The present petition has been filed by the petitioner mother and is directed against the order dated 19.07.2010 passed by the Learned Additional District judge whereby two applications of the Respondent father seeking modification of the custody arrangements of children in view of his transfer to J&K and for permission to take the transfer certificates of both the children from the school in Delhi have been allowed. The brief facts that are necessary for disposal of this petition are that marriage between the petitioner and the respondent was solemnised on 14.02.1994. Two sons, presently of 13 and 8 years of age, were born out of the wedlock. The Petitioner and the Respondent have been living separately since 10.04.2007 and have been involved in various litigations since then. The respondent has filed a divorce petition under section 13(1)(i) &(1A) of the Hindu Marriage Act while the petitioner has initiated proceedings under the Domestic Violence Act.

(2.) The respondent father is an IAS Officer of J&K cadre and in view of his transfer to J&K, the respondent moved two applications dated 25.05.2010 and 22.06.2010 seeking modification of the custody arrangements of the two children and for granting permission to take transfer certificates from the schools in Delhi so as to complete the admission process of the two children in a school in Jammu. The learned additional district judge, after hearing both the p ies allowed the applications of the respondent father which has led to the filing of the present petition. The trial court while allowing the applications issued the following directions:

(3.) The counsel for the petitioner submits that the learned additional district judge has failed to appreciate the fact that considering the age of the children the mother should be appointed as guardian of the children. The court has further failed to appreciate that Delhi is an education hub and that both the children are studying in Delhi Public School, RK Puram and Vasant Vihar respectively which are the most reputed schools of India. The Heritage School, Jammu in which the respondent has sought admission of the two children fades pale to the education standards of Delhi Public Schools since it has started only in the year 2005 and is untested in terms of its excellence and teaching. The said school is not even preferred by the locals of Jammu who rate Delhi Public School, Jammu or Army Public School at Nagrota or even the Kendriya Vidyalaya to be providing a better and higher quality education. Removing the children from the rolls of a reputed school of Delhi would certainly be prejudicial to the educational interests of the children in the long run. It is further contended by the counsel that by reserving the seats of the children in the schools at Delhi, the trial court has reflected that it is uncertain of the arrangements made by the respondent in J&K.