Karan Chandrashekar Vs Smt.Divya K.C

SMT.DIVYA K.C., W/O KARAN CHANDRASHEKAR, AGED ABOUT 35 YEARS, R/O 161, 6^TH CROSS, 1^ST MAIN, S.T. BED LAYOUT, 1^ST BLOCK, KORAMANGALA, BENGALURU - 560 034.

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…RESPONDENT (BY SMT. PRATHIMA S.K., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06.12.2024 PASSED BY THE HONBLE 5TH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BANGALORE, IN G AND

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WC NO.137/2023 ANNEXURE - A AND ALLOW THE I.A.NO.13 DATED ON 04.09.2024 FILED BY THE PETITIONER GRANTING HIM THE RIGHT TO PARTICIPATE IN THE PARENT TEACHER MEETINGS, BE UPDATED ON ALL ASPECTS AS A PARENT, ACCESS TO THE CHILDRENS SCHOOL RECORDS AND PROGRESS, BE INCLUDED IN ALL SCHOOL EMAIL CORRESPONDENCE, ATTENDANCE TO ALL SCHOOL EVENTS, AND TAKE ALL NECESSARY DECISIONS WITH RESPECT TO HIS MINOR CHILDREN KAVIN CHANDRASHEKAR AND AANYA CHANDRASHEKAR AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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This petition is filed by the petitioner-father aggrieved by the common order passed on I.A.No.13 and I.A.No.16 in G & W.C. No.137/2023 by the V Additional Principal Family Court Judge, Bengaluru.

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Petitioner-father and respondent-wife are at

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loggerheads due to matrimonial dispute and differences of opinion, have initiated child custody petition in G & W.C.

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No.137/2023 by the father and in the course of the petition, two applications came to be filed, one by the father and the other by the mother i.e., I.A.No.13 came to be filed by the father seeking for the following reliefs:-

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"APPLICATION UNDER SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908, READ WITH SECTION 12 OF THE GUARDIAN AND WARDS ACT FOR PERMITTING THE PETITIONER TO PARTICIPATE IN SCHOOL EVENTS AND ACTIVITIES OF THE MINOR CHILDREN

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That for the reasons stated in the accompanying affidavit, it is humbly prayed that this Hon'ble Court be pleased to permit the Petitioner father to participate in the Parent Teacher Meetings, be updated on all aspects as a parent, access to child's school records and progress, be included in all school email correspondence, attendance to all school events, and take all necessary decisions with respect to his minor son Kavin Chandrashekar studying in Hend Start Montessori House of Children and permit the Petitioner to take decisions on his daughter Aanya Chandrashekar's school enrollment, attend Parent Teacher meetings, be updated on all aspects as a parent, access to child's school records and progress, be included in all school email correspondence, attendance to all school events, and take all necessary decisions with respect to his minor daughter Aanya Chandrashekar's education, and do not permit the Respondent to take unilateral decisions regarding the minor children and enrollment to any organization without the Petitioner's consent, in furtherance of the best interest of the minor children Kavin and Aanya Chandrashekar, in the interest of justice and equity."

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I.A.No.16 came to be filed by the mother seeking for

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the following reliefs:

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"APPLICATION UNDER SEC 151 OF THE CODE OF CIVIL PROCEDURE R/W SEC 10 OF THE FAMILY COURTS ACT, 1984

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That for the reasons stated in the accompanying affidavit, the Respondent/Mother prays that this Hon'ble court be pleased to direct the petitioner/Father to give consent for admission of the minor children for Grade I and pre-primary in 'Head Start Educational Academy' where the older child is currently studying in the interest of Justice and equity."

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On hearing the learned counsel for both parties, that is, father and mother, the learned Judge of the Family Court dismissed I.A.No.13 and allowed I.A.No.16, consequently, directed the father to give consent for admission of the minor children, for Grade-I to the first child and pre-primary admission to the second child in "Head Start Educational Academy". It is this order that is questioned by the petitioner-father.

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It is the vehement contention of learned

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counsel Sri Azhar Ali Farooqi for the petitioner-father that

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the Family Court has failed to take into consideration several aspects while dealing with both these applications.

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It is further contended by learned counsel for the petitioner that the Family Court has without application of mind passed mechanical order contrary to the welfare, well-being and interest of the minor children and has not taken into consideration the relevant materials placed on record including the growth, future career and the curriculum and syllabus, which would be in the best interest of the minor children.

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Learned counsel further contends that the Family Court has also not taken into consideration the distance of travel, to and fro from home to the school and vice-versa , and the hardship that would be caused to the minor children in travelling to a school which is 16 kilometres away from their home on a daily basis and thereby, wasting precious time and causing daily disturbance for travel considering the traffic conditions in Bengaluru.

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It is also contended by learned counsel for the

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petitioner-father that the school authorities have not been communicating to him with regard to the entire school

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events, curriculum, activities, information and other requirements of the minor children on a regular basis and he has not been receiving the required communications from the school with regard to the events and the decisions that are being taken with regard to both the children so also with regard to the Parent Teacher Meetings, access to the school records, the progress of the

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children and any other event that occurs pertaining to the children in the school and also co-curricular activities. It is his grievance that the respondent-mother is taking unilateral decisions with regard to both the minor children including changing the school of the children, putting the children in a particular school without consulting him, which is not in the welfare and well-being of the minor children and their future growth and career prospects.

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Learned counsel further contends that in view

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of the unilateral decision taken by the mother, the father has been excluded from important information pertaining to the education of the minor children and the unilateral decisions taken would certainly hamper the growth, development and prospects careerwise or otherwise on the minor children.

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It is also contended by him that the children

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would have to be sent to a school which is safe, in view of several incidents that has happened in the recent days with regard to harassment to the minor children. Therefore, a responsible school and the school with repute will be the best for both the children rather than sending the children to a nearby school or far away school at the whims and fancies and unilateral decision of the mother or for that matter leaving the children in the care of her nanny or driver to drop children to the schools.

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Learned counsel further contends that it is the father who has been paying the educational expenses of

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the school so also other expenses including maintenance for the minor children, which he does not have any grievance and he would continue to pay whatever be the expenses and the tuition fees and co-curricular activities expenses for the minor children.

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He further contends that the primary concern of the father is to take care of the well being and interest of the minor children both with regard to educational needs and that of other co-curricular activities for proper growth, development both emotionally, psychologically and physically of the minor children and to give them the best education by enrolling them in the best school in the City so that they can become good citizens and are able to compete with the other children in the Country as well as in the international arena.

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It is further contended by learned counsel that the father is interested in putting the children to an International Board Curriculum whereby even if the children were to move to another country for the present

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or in the future for higher studies, they would be able to cope-up with the International Board rather than creating

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an alienation or difficulty in transition from one Board to the other. He is willing to take care of the entire financial expenses of the school in the International Board. All these aspects have not been considered by the learned Judge of the Family Court while considering applications I.A.No.13 as well as I.A.No.16 and has mechanically disposed of the applications by rejecting I.A.No.13 and allowing I.A.No.16.

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Learned counsel further contends that while allowing the application I.A.No.16, the trial Court has not taken into consideration the distance of 17 kilometres of the Head Start Educational Academy, which the respondent-mother is intending to admit the older child. In a city like Bengaluru, where the traffic is terribly bad and it consumes lot of time in travelling from one place to other especially during the peak time. It is always advisable to put the children to the nearby school, of

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course, the best school for the welfare and wellbeing of the children. Therefore, he contends that sending the child to a school, which is 17 kilometres away may not be advisable and it would be cumbersome and tedious and hardship would be caused to the minor child on everyday basis during travel itself.

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It is also contended by learned counsel that he draws a difference between the school run under the IB Curriculum and that of the school i..e, Maria Montessori and IGCSE School. He has placed several materials before this Court to show the differences between both the schools and how the IB Schools would be better suited for the children to cope up for the present and also for the future and better facilities are available in the school suggested by him, namely, NEEV Academy compared to the one suggested by the respondent-mother that is, Head Start Educational Academy.

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On these grounds, learned counsel contends that it would be in the interest of both the children that if

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they are put in the IB curriculum in a good school so that they can develop their personality as a good citizen to cope up either in India or International arena for their future growth and prospects. Accordingly, he seeks to allow this petition and allow I.A.No.13 and consequently, reject I.A.No.16 and permit the children to be admitted to NEEV Academy, which is an IB Curriculum course.

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16. Per Contra , learned counsel Smt. Prathima S.K., appearing on behalf of the respondent-mother contends that the school has already been communicating with the petitioner-father and communicating all informations pertaining to the minor children, to which the father has been responding and replying. Materials are already placed before this Court, which is apparently evident that he is not kept aloof or not alienated from the school activities of the minor children and his reply sent itself is evident of the fact that he is receiving all communications from the school with regard to the minor children.

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She fairly submits that she would not have much objection in the school communicating the activities of the minor children including that of participation of the father in any of the school activities, the Parent Teachers Meeting and access to the records and progress either physically or by registered post or through emails by electronic manner.

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She further contends that the school has already been communicating and a false statement is made by the father that he has not been communicated and materials are placed before the Court to evidence this fact. Be that as it may. She does not have any objections in the communications being sent by the school to the father on all activities of the minor children including the school activities and that of activities conducted outside by the school of co-curricular and extracurricular activities.

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Learned counsel for the mother further contends that the older child Kavin Chandrashekhar was admitted to Head Start Montessori, House of Children and

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he has been regularly attending the school and doing extremely well in various activities. To support the same,

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she has produced the Annual Report Card for the year 2023-2024 and also the Attendance records. In view of the older child Kavin Chandrashekar going to Grade-I namely, the 'Head Start Educational Academy' for the year 202526, admission process is already commenced, it would be in the interest of the minor child that he is admitted to 'Head Start Educational Academy' which is similar to the one which he was earlier going which is a Montessori House of children. The older child Kavin has already gone to the Head Start Educational Academy, visited the school and he is conversant and happy with the school. Therefore, she contends that it will be in the interest of both the minor children that they study under the 'Head Start Educational Academy' one in the Montessori and the other one in the Head Start Educational Academy, which is based on the IGCSE curriculum, which caters both National standards as well as International standards. In case, they want to switch to another Board, later on in their life, the

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transition would not be difficult while moving from the IGCSE to IB curriculum.

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It is also contended by learned counsel that there may be a slight variation in the distance of travel but it is during these travel time that the children will get close to the other peer group and enjoy and have a good collaboratory with the other peer groups so that, it should not be the ground to reject the children from going to a school which is a little distance away from the regular school.

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Learned counsel further contends that the present school i.e., 'Head Start Educational Academy' was chosen by both parents and accordingly, the children were admitted to the schools. Learned counsel for the respondent-mother has placed certain photographs along with a memo, write up and short notes with regard to advantages of Montessori over the IB, in which, it is shown that the Montessori schools are better compared to the IB curriculum as it emphasizes holistic education but

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admittedly, there is a difference significantly in their approach.

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Learned counsel further contends that in the Montessori they are more flexible, student centred and stress free whereas the IB is structured, rigorous and academically very demanding. Thereby, learned counsel contends that the Montessori and the IGCSE curriculum would be better compared to that of IB for both the children i.e., pre-school and primary levels as it benefits from exploration, creativity and stress free learning environment rather than a rigorous, structured and academically demanding IB curriculum. There are several notes produced by learned counsel for the respondentmother showing advantages of IGCSE over IB, like More Flexibility in Subject Choices, Less Academic Pressure & Workload, Better Exam-Oriented Students, Shorter Duration & Earlier Completion, Easier Transition to Specialisation, More Widely Available & Affordable, Less Stress & More Balance, etc., On these grounds, learned

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counsel for the respondent-mother contends that the order passed on I.A.No.16 is sustainable and is correct and does

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not call for any interference as the children would be in a better position if they studied in the same 'Head Start Educational Academy' rather than going into an IB Curriculum, which is more structured, rigorous and demanding. Therefore, the direction given to the petitioner-father to give consent does not call for interference as it would be in the interest of both the children to study in the 'Head Start Educational Academy,'

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one in the Montessori and the other in the Grade-I of 'Head Start Educational Academy'. On these grounds, she seeks to dismiss the petition preferred by the petitionerfather.

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I have heard learned counsel for the petitioner and learned counsel for the respondent.

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Let me deal with these applications independently, firstly, I.A.No.13, this application filed by the petitioner-father is for seeking permission to

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participate in the Parent Teacher Meetings, to be updated on all aspects as a parent, to have access of the children's school records and progress, to be included in all school correspondence by way of email, attendance to all school events and take all important and necessary decisions jointly along with the respondent-mother taken with regard to the children's education and also their future career pertaining to education. This application has been dismissed by the learned Judge of the Family Court.

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After having heard learned counsel for both parties on this particular application, I do not find there being any serious differences of opinion in both the parents in the school providing access, communications, inviting the parents to the Parent Teacher Meetings, access to school records and progress of the children and communicating all necessary details by way of email correspondence to both the parents. In fact, learned counsel for the respondent has fairly submitted that she

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would not have much objection in these communications being sent to the petitioner-father.

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Under the circumstances, this application deserves to be allowed and accordingly, it is allowed . All communications from the school to the petitioner-father shall be communicated by way of emails or by way of hard copies through registered post. He shall be included in all events related to the minor children. All communications with regard to the progress and update of the minor children shall be communicated to the petitioner-father by way of email correspondence including their progress, attendance, activities, so also with regard to any decisions that are being taken shall be communicated to the petitioner-father for him to jointly participate along with the respondent-mother for the welfare, well being, proper growth, development of the minor children.

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Coming to the aspect of I.A.No.16, where at the instance of the respondent-mother an application was moved for a direction to the petitioner-father to give

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consent for admission of the minor children for Grade-I and pre-primary in 'Head Start Educational Academy'. The same having been allowed, is questioned before this Court. As a matter of fact, it is not in dispute that both the father and the mother want the best education to be imparted to the minor children and in pursuit of the same, both of them want to putforth their opinion for proper development and growth of the children with regard to admission to a particular school. According to the father, it is the IB School or Curriculum, which would be in the best interest of the minor children whereas according to the mother, it is the Montessori and the IGCSE, which would be better in the interest of the minor children.

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Both the parents have placed several materials before this Court to canvas their arguments as to which is the better Curriculum School for the children to be admitted. On a careful analysis of the documents placed before this Court, it is relevant to see that what would be in the best interest of the minor children rather than what

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is in the interest of the parents. The aspects that would have to be considered while admitting the children to the school is the distance of the school from home, the travel time from the school to the home back and to and fro, so also the future growth, development and prospects, in case, children want to move out from one Curriculum to the other or from one State or Country to the other. Apparently it is seen that the father has been paying the entire educational expenses of the minor children and he continues to pay the same and would continue to pay the educational expenses of both the children along with the maintenance other than the educational expenses.

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The school suggested by the mother that is the 'Head Start Educational Academy', apparently, is 16 kilometres away from the home whereas the School suggested by the father that is NEEV Academy appears to be 9.6 kilometres from the home of the mother. So also there are several activities that are seen in the documents produced by both parties that the events, the space, the

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laboratories and other co-curricular activities are more in the IB NEEV Academy rather than that of the Head Start Educational Academy. As per the documents produced by the parties, it is also seen that the Fee Structure is also higher in the NEEV Academy than in the Head Start Educational Academy. Be that as it may. The petitionerfather is willing to bear the entire educational expenses even if it is enhanced or increased on a year to year basis and that being the case, it is to be seen what is in the best interest of the children if the father is willing to bear the children educational expenses to put the children in the best of the school. It is always better to put the children in the best of the school to compete with the best in the State or the Country and also if at all, they would want to move for higher studies abroad, it will be not be a difficulty during transition.

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In view of the discussions made by this Court, it

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appears that the NEEV Academy suggested by the father may be a better option for the children to be admitted

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rather than Head Start Educational Academy, which is at a distance farther than that of the NEEV Academy and better facilities and co-curricular activities being available at NEEV Academy including the infrastructure. It would be in the better interest of the minor children to join the best school if it is possible for the father to bear the expenses all through.

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Under the circumstances, without going further into details as to which of the Academy is better, for the time being, it appears that the NEEV Academy suggested by the father would be a better school to admit the children than the Head Start Educational Academy. This Court is conscious in making this order. This Court is not deciding as to which school is good in its educational performance as this order should not determine or is never intended to say so. Considering the proximity of the house of the parents both father and mother, it would be in the better interest of the minor children that the children are admitted to NEEV Academy and the father is

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willing to bear the educational expenses, it is advised to admit the children to NEEV Academy rather than Head Start Educational Academy.

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32. Under the circumstances, I pass the following

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ORDER

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(i) This petition is allowed .

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(ii) The impugned order passed by V Additional Principal Judge, Family Court at Bengaluru in G&W.C.No.137/23 on I.A.No.13 and I.A.No.16 is hereby set aside.

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(iii) I.A.No. 13 is allowed and I.A.No. 16 is hereby dismissed .

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The petitioner-father shall be permitted to participate in Parent Teachers Meeting, shall be updated in all aspects as a parent by providing access to the children's school records, progress and shall be included in all correspondence and shall be

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invited to Parents Teachers meetings and shall be included in any decisions that shall be taken with regard to the minor children in the school and concerned to the school activities. The petitioner father shall be updated on all aspects as a parent and have access to school records and progress by way of communication through email correspondence by the school and he shall be included in all decisions that are to be made with regard to both the minor children.

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(iv) In view of this Court dismissing I.A.No.16 on hearing both the learned counsels but considering the interest and welfare of the children, the minor children shall be admitted to NEEV Academy and the petitioner-father shall bear the entire educational expenses, Cocurricular activities and other miscellaneous expenses, entirely of both the children.

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(v) In view of this Court passing an order for admitting the children to NEEV Academy, consequently, the respondent-mother shall provide consent to the petitioner-father together or separately they shall file necessary application for admission of the children to NEEV Academy to their respective pre-primary and Grade-I.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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PSJ List No.: 1 Sl No.: 20

Karan Chandrashekar v. Smt.Divya K.C

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Karan Chandrashekar v. Smt.Divya K.C

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