(Ashok Bhushan and K.M. Joseph, JJ.)
Sheoli Hati ________________________________________ Petitioner;
v.
Somnath Das ____________________________________ Respondent.
Petition(s) for Special Leave to Appeal (C) No(s). 15912-15913/2018, decided on January 21, 2019
(For Admission and I.R.I.A. No. 123677/2018 For Appropriate Orders/Directions To be Listed)
The Order of the court was delivered by
Order
I.A. No. 11098 of 2019
1. This is an application filed by the respondent/father where prayer has been made to direct the Chairman of Child Welfare Committee, Ranchi or Shelter Home to transfer the custody of the child forthwith to the Principal, GSIS, Ooty.
2. Mr. Prashant Bhushan, learned counsel appearing for the petitioner/wife submitted that child is in Child Welfare Committee, Ranchi. He has also placed an interim report dated 16.01.2019 of the Court of Child Welfare Committee, Jharkhand, Ranchi before the Court. He submitted that child has expressed her wish that she does not want to go with the respondent/father and also has expressed that she does not want to go to school where she is studying. The child has been admitted in the school on 19.07.2018 and her session will be completed by the end of April, 2019.
3. By an earlier order, we have directed the respondent/father and the petitioner/mother to take the custody of the child for the winter vacation, as per the joint undertaking given by them on 03.12.2018. Child was taken as per the said joint undertaking and she went to attend the birthday of her mother on 13.01.2019 and while going to Bangalore by flight along with respondent/father, child expressed her wish to security official present in the airport that she does not want to go with her father. Subsequently, the police was also called and child was sent to the Child Welfare Committee where she at present staying.
4. The child being student in a good school and her session coming to close, we are of the view that first thing to be done is to direct the Child Welfare Committee to send the child to the school. Respondent/father will bear all expenses for traveling of the child along with one woman companion which may be deputed by the Child Welfare Committee to take the child and handover the child to the Principal of the School. This order shall be complied by the Child Welfare Committee within three days from the date of production of this order. All other issues between the parties shall be taken care subsequently. We further direct that report of the Child Welfare Committee be submitted in a sealed cover before this Court. The Principal of the school also submit an interim report of the academic session in a sealed cover before this Court. Reports be submitted within two weeks. The school may also send detail report by the end of this academic session.
5. Accordingly, I.A. is disposed of.
6. List the matters after four weeks.
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