NUTAN GAUTAM versus PRAKASH GAUTAM

NUTAN GAUTAM versus PRAKASH GAUTAM

Because the child (about 10 years old) consistently expressed a desire to continue at his earlier school in Shahjanpur and is acclimatised there, in the interest and welfare of the child he cannot be compelled to join the boarding school in New Delhi; the direction to elect one forum for maintenance was not in conformity with law; the father is entitled to visitation rights.

Parties
Appellant: Nutan Gautam; Respondent: Prakash Gautam
Jurisdiction
India
Judgment Date
05 April 2019
Procedural Posture
Civil Appeal / Appeal From High Court Orders Dated 21.05.2018 and 20.08.2018
Outcome
Appeals allowed
Legal Topics
Child Custody, Welfare of the Child, Visitation Rights, Maintenance, Boarding School Placement
Family Law Child and Family Welfare Hindu Marriage Act, 1955 Child Custody Welfare of the Child Visitation Rights Maintenance Boarding School Placement

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Parties

Nutan Gautam

Appellant

Prakash Gautam

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Orders Dated 21.05.2018 and 20.08.2018

Legal Issues

  1. 1 Whether the child can be compelled to join the boarding school in New Delhi contrary to his expressed wish
  2. 2 Whether the appellant violated the High Court orders by keeping the child in his old school
  3. 3 Whether the direction to elect one forum for maintenance is lawful

Ratio Decidendi

Because the child (about 10 years old) consistently expressed a desire to continue at his earlier school in Shahjanpur and is acclimatised there, in the interest and welfare of the child he cannot be compelled to join the boarding school in New Delhi; the direction to elect one forum for maintenance was not in conformity with law; the father is entitled to visitation rights.

Court Disposition

Appeals allowed

Orders

  • High Court orders dated 21.05.2018 and 20.08.2018 are set aside
  • The child Krish (Master Krishav Gautam) shall be allowed to continue his studies at Global International School, Shahjanpur