| | IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 7828/2011
DIVYA JAIN AND ANR ..... Petitioners
Through: Ms. Bhakti Pasrija, Advocate with petitioners and their mother,
Mrs. Sumi Jain in person.
versus
THE MANAGING COMMITTEE DELHI PUBLIC
SCHOOL AND ORS ..... Respondents
Through: Mr. Puneet Mittal, Advocate for R-1.
Ms. Sonia Sharma, Advocate for R-2.
Mr. V.K. Sabharwal and Mr. Sudhir Mathur, Advocates with respondent No.3, Mr. Sanjay K. Jain in person.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R
23.11.2011
1. The present petition is filed by the petitioners, Ms. Divya Jain,
aged 16 years, a student of class X and Master Kunal Jain, aged 14 years,
a student of class VIII, who were studying in respondent No.1/School till
01.09.2011. As per the averments made in the petition, the petitioners
through their mother and natural guardian, requested respondent
No.1/School to issue Transfer
W.P.(C) 7828/2011 Page No.1 of 6
Certificates/Migration Certificates to enable them to attend a school in
Mumbai, having shifted to the said city on account of personal
reasons. However, despite repeated requests made on behalf of the
petitioners, respondent No.1/School did not issue the said Transfer
Certificates/Migration Certificates, as a result of which, the
petitioners have been forced to file the present petition.
2. Vide order dated 03.11.2011, notice was issued to the respondents,
who are duly represented in Court. Counsel for respondent No.1/School
states that a joint request for migration made by the parents of the
petitioners, namely, Mrs. Sumi Jain and Mr. Sanjay K. Jain/respondent
No.3, was initially being processed, but on 19.09.2011, a representation
was received from respondent No.3, father of the petitioners, stating
inter alia that Transfer Certificates/Migration Certificates may not be
issued by respondent No.1/School, as his signatures on the earlier
representation made by him jointly with his wife, requesting for
migration of his children, might have been forged. It is stated that it
was on account of the aforesaid letter received by respondent No.1/School
that the Transfer Certificates/Migration Certificates were not issued to
the petitioners.
W.P.(C) 7828/2011 Page No.2 of 6
3. The parents of the petitioners are present in Court. On a pointed
enquiry as to the reason for making such a representation to respondent
No.1/School, respondent No.3 states that there is marital discord between
him and the mother of the petitioners, due to which
she has shifted with the petitioners to her parental home at Mumbai,
which is why Transfer Certificates/Migration Certificates have been
sought by them to attend a school in Mumbai. He states that he is ready
and willing to take them back in his home in Delhi and he will try to
iron out the differences with his wife, but Transfer
Certificates/Migration Certificates should not be issued to enable the
petitioners in shifting from their present school in Delhi to Mumbai.
4. Having regard to the fact that the academic careers of the
petitioners are involved and particularly, in view of the fact that
petitioner No.1 is at a crucial stage of her academic life, being a
student of class X, it was deemed appropriate to interact with all the
parties in the chambers. Some time has been spent by the Court in the
said process by calling the parents jointly and separately, as also the
petitioners with their parents and separately to ascertain the true
position as it exists as also find out as to what the petitioners really
desire in the present circumstances. In all the sessions held in the
W.P.(C) 7828/2011 Page No.3 of 6
Chamber in the pre-lunch period, the petitioners have taken a categorical
stand that they would not like to stay with their father in Delhi and
would like to pursue their studies in Mumbai.
5. In such circumstances, primacy ought to be given to the wishes of
the petitioners and this Court sees no reason to deny them their right to
continue their academic education in Mumbai. The petitioners are fairly
grown up and seem to know their mind. Looking at the discord within the
family, it is in the interest of the petitioners to concentrate on their
academics in a peaceful and harmonious environment, which is presently
possible in Mumbai at their grandparent?s house, more so when they
themselves have stated that their academics have been adversely impacted
in the past due to the incompatibility between their parents.
6. In view of the aforesaid facts and circumstances, it is deemed
expedient to direct respondent No.1/School to issue forthwith the
Transfer Certificates/Migration Certificates in favour of the petitioners
through their mother, Mrs. Sumi Jain. Besides the aforesaid certificates,
respondent No.1/School shall also communicate to the school, where the petitioner No.1 is attending classes in Mumbai, her registration No. by
which she is registered with CBSE, so as to enable
her to take her class X board examinations. Respondent No.1/School shall
also release any other document requested by the petitioners to enable
them to continue their studies in Mumbai.
7. The petition is disposed of.
8. At this stage, having interacted with the mother and father of the
petitioners and in view of the consent given by both sides, it is deemed
appropriate to direct them to appear before a Mediator, to be appointed
by the Delhi High Court Mediation and Conciliation Centre to try and
resolve their interse disputes in an amicable manner.
9. Counsel for the petitioners states that Mrs. Sumi Jain, being a
homemaker, has no independent source of income, and since she has shifted
base from Delhi to Mumbai, respondent No.3 be requested to offer some
amount for her travel, boarding and lodging in Delhi, to which he has
fairly conceded and has agreed to initially deposit a sum of `25,000/-
with the Delhi High Court Mediation and Conciliation Centre, which amount
shall be kept with the Centre, for being disbursed to Mrs. Sumi Jain on
her visit to Delhi, on the basis of the actual expenses incurred by her,
by submitting requisite bills in that regard. As it is stated that the
examinations of the petitioners are slated to commence in the month of
December 2011, it is agreed that
W.P.(C) 7828/2011 Page No.5 of 6
the mother of the petitioners and respondent No.3 shall appear before the
Delhi High Court Mediation and Conciliation Centre, on 04.01.2012 at 3:30
PM and the following days to explore the possibility to arrive at a
negotiated settlement of all their disputes.
10. A copy of this order shall be forwarded to the Delhi High Court
Mediation and Conciliation Centre, for perusal and compliance.
DASTI to the parties under the signatures of the Court Master.
HIMA KOHLI,J
NOVEMBER 23, 2011
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