Divya Jain V/s DPS & Ors.

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 rkb 11.