LI Network
Published on: November 30, 2023 at 15:17 IST
In a recent case where a father sought the court’s direction to transfer his child to what he deemed a “better” school, the Delhi High Court has underscored that the well-being of the child is the primary consideration in guardianship disputes.
The bench, comprising Justices V. Kameswar Rao and Manmeet Pritam Singh Arora, dismissed the father’s plea, pointing out that the child currently resides in Pitampura with the mother, while the suggested school by the father is located in Dwarka, a considerable distance of 20 kilometers away.
The court emphasized that any order in favor of the appellant’s request would cause inconvenience to the 7-year-old child. The appellant, dissatisfied with the Family Court’s decision denying his application to instruct the child’s mother to send him to a school in Dwarka, had filed the appeal.
The Family Court had justified its decision by noting that although the father’s suggested school might be marginally better, the child had already settled into his current school. Moving him back to the Dwarka school could potentially disrupt his learning environment, the court observed.
Additionally, the court highlighted that the child’s mother was employed at his current school, providing him the comfort of commuting with her and being under her supervision. The Family Court had concluded that the current school met the child’s needs, and a change at this stage would not be in his best interest.
The appellant proposed arranging private transportation between Pitampura and Dwarka, but the respondent-mother suggested the appellant consider the Rohini branch of the suggested school, as it could address his concerns. However, uncertainty regarding admission in the Rohini branch led to no alteration in the court’s decision.
Case Title: Vermeet Singh Taneja v. Jasmeet Kaur, MAT.APP.(F.C.) 346/2023