SARA CARRIERE DUBEY Vs. ASHISH DUBEY

JUDGEMENT

(1.) The present appeal has been filed by the Appellant mother against the order dtd. 4/5/2023 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 Sec. 7&10 r/w Sec. 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 dtd. 29/1/2022 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 Sec. 151 CPC r/w Sec. 12 of the Guardian and Wards Act, 1890 dtd. 18/1/2023 in regard to the prospective admission of the children in the school in UK/British School in Delhi and made the prayers as under:-