ASHOK BHUSHAN,J. - (1.) Leave granted.
(2.) The appellant aggrieved by the judgment dated 26.04.2018 passed by a Division Bench of the High Court of Jharkhand at Ranchi has come up in these appeals. The impugned judgment of the High Court was passed in First Appeal No.59 of 2016 filed by the appellant and First Appeal No.68 of 2016 filed by the respondent both challenging the order dated 31.03.2016 passed by the Principal Judge, Family Court, Jamshedpur in Guardianship Case No.11 of 2012 filed by the respondent under Sections 7 and 12 of the Guardian and Wards Act, 1890.
(3.) The brief facts and circumstances giving rise to these appeals are: 3.1 The appellant and the respondent were married in the year 2003. There has been matrimonial dispute between the parties since the year 2006. A girl child was born to the appellant and the respondent on 09.04.2007, named as Aditi. The appellant filed complaint against the husband before various authorities, employer of the respondent as well as National Human Rights Commission. A a petition for seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 was filed by the respondent at Bengaluru where the respondent was residing. In the year 2008, the appellant lodged FIR against the respondent under Section 498A of the IPC being Case No.204 of 2008. In the year 2008, the respondent filed an application for seeking a decree of divorce before the Family Court, Bengaluru which was registered as Matrimonial Case No.3358 of 2008. 3.2 The respondent filed an application before the High Court of Jharkhand at Ranchi seeking anticipatory bail in connection with Kadma PS Case No.204 of 2008 in which case parties were referred to mediation and conciliation to amicably resolve their issues. On 11.09.2009, the Principal Judge, Family Court at Bengaluru granted ex parte decree of divorce dated 11.09.2009. During the pendency of the Anticipatory Bail Application being No.518 of 2009, the parties amicably settled all their disputes before Jharkhand Legal Services Authority. A Settlement dated 19.12.2009 between the parties was communicated to the High Court. As per the terms of the settlement, the respondent agreed to pay an amount of Rs.5,00,000/ as permanent alimony to the appellant. Further, the respondent agreed to deposit a sum of Rs.5,00,000/ in the name of Aditi for her all time maintenance. The appellant further agreed not to challenge ex parte divorce decree. The appellant also agreed to allow the respondent to meet their child once in every two months starting from January, 2010. The High Court disposed of the matter in terms of the settlement. 3.3 The respondent alleging obstruction by the appellant in his visiting rights filed an application seeking custody of the child, Aditi under Sections 7 and 12 of the Guardian and Wards Act, 1890 at Bengaluru. The said proceedings under Guardian and Wards Act were transferred to Family Court at Jamshedpur under order of this Court dated 27.03.2012. The appellant filed written statement in Guardianship Case No.11 of 2012. The respondent made an amendment application before the Family Court, Jamshedpur praying for an alternative relief for addition of a prayer in his application in Guardianship Case, i.e., for directing the child to be admitted in any reputed residential/boarding school in India at the expenses of the respondent, which amendment application was allowed by an order dated 16.05.2013. The Principal Judge, Family Court by order dated 31.03.2016 decided the Guardianship Case No.11 of 2012. It is to be noted that in the Guardianship proceedings the respondent has given up his claim of the custody of child and confined his case to alternative prayer, i.e., direction to admit the child in a boarding school. The Family Court, Jamshedpur in paragraph 41 of the judgment directed: "41. Thus, in view of the discussions made above, I come to the conclusion that minor daughter of the petitioner and respondent Aditi Bishaskha Das shall continue in the care, custody and guardianship of her mother till she reaches the age of 11 years and shall continue to pursue her education from Jamshedpur along with her mother. However, the petitioner shall have the visitation right as is continuing since before i.e. during the pendency of the case. However, the petitioner shall be entitled to the custody of the child for half of each vacation of the school where Aditi is or shall be studying and for the first half of vacation Aditi shall be in the care and custody of her father i.e. petitioner and for the second half of the vacation she shall be under the care and custody of her mother. The vacations referred to above are the Summer and Winter vacations in every school. Further, Aditi upon attaining the age of 12 years i.e. for the academic session 20192020 she shall be sent to a boarding school of repute where she qualifies and is able to get admission. The entire cost of such Boarding School shall be borne by the petitioner and once Aditi gets into the Boading School then the respondent shall have the right to visit her daughter as permitted by the School calendar but at the cost of the petitioner and the petitioner shall pay such cost which shall include the travelling airfare and other expenses in advance. Issue No.V is decided accordingly. The custody in course of vacation shall continue as before." 3.4 The Family Court directed that Aditi shall continue in the custody and guardianship of her mother till she reaches the age of 11 years and continue to pursue her education from Jamshedpur. The respondent was allowed visitation right and also allowed custody of the child for half of each vacation of the school. First half of the vacation be in the care and custody of her father and second half be in the custody of the mother. The Family Court further directed that for the academic session 20192020 she shall be sent to a boarding school of repute where she qualifies and is able to get admission. 3.5 Aggrieved by the judgment of the Family Court both the parties have filed appeals in the High Court. The appellant filed First Appeal No.59 of 2016 and the respondent filed First Appeal No.68 of 2016. The High Court interacted with the child on several occasions. The High Court in the aforesaid appeals passed an order dated 17.11.2016 proposing to the parties that the minor child be admitted in Sacred Heart Convent School, Jamshedpur which is a very good school for girls in Jamshedpur. On 28.11.2016, the High Court directed that Aditi be admitted in Sacred Heart Convent School, Jamshedpur. The High Court also increased the visiting hours of the respondent and also permitted the respondent to get the child registered for admission in La Martiniere Girls School, Kolkata. Against the order dated 28.11.2016, the appellant filed SLP(C)Nos.3791537916 of 2016 which were dismissed by this Court by order dated 23.12.2016. By the subsequent order dated 26.04.2018 which is impugned in the present appeals, the High Court directed the child to be admitted in Good Shepherd International School, Ooty in Class IV which is a residential institution affiliated to ICSE for the Session 20182019, which commenced from 21.07.2018. These appeals were taken by this Court on 10.07.2018. In its order dated 10.07.2018 following observations were made by this Court: "After hearing the learned counsel for the parties yesterday as well as today, we are of the opinion that there is no need to stay the directions of the High Court in the impugned order whereby the High Court has directed that the child Aditi Bisakha Das be admitted in Good Shephard International School, Ooty in Class V where the respondent has already secured admission for her. This arrangement, as per the High Court's order, is made for the Academic Year 201819. We also find that the High Court has passed this order after weighing and discussing all the alternatives and 2 pros and cons of the matter and has formed its opinion that it is one of the most suitable solutions. We feel that once such an order is given on objective considerations, it is better that the child is admitted in the said School in the current academic year in order to find out as to how she is able to cope up with and studies in the said School at Ooty and what kind of progress she is able to make on shifting her from the present atmosphere to a boarding School." 3.6 In pursuance of the order of the High Court dated 26.04.2018, ultimately, the child, Aditi was admitted in Good Shephard International School, Ooty reluctantly by the appellant. With regard to the visiting rights of the respondent orders were passed for the winter vacation by this Court on 12.12.2018. After spending second half of the winter vacation with father the child went to Jamshedpur to attend birthday of her mother on 13.01.2019. After attending birthday she was to catch a flight for Bengaluru from Ranchi. Father along with an Advocate was to take the child. On 14.01.2019 at the Airport child complained to the CISF personnel that she did not want to go along with father to Bengaluru. The CISF officer informed the concerned Police Station and the lady Police personnel interacted with the child. Although the appellant and her father were telephonically informed but they did not come to take the child and the child was ultimately lodged in a shelter home. The Child Welfare Committee, Ranchi (Jharkhand) also interacted with the child. This Court vide order dated 21.01.2019 directed following: "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. Accordingly, I.A. is disposed of. List the matters after four weeks." 3.7 After aforesaid order dated 21.01.2019, the child was handed over to the School to complete her session. Further, on 21.02.2019, the report from Child Welfare Committee, Ranchi, Jharkhand and on 29.01.2019 and 02.02.2019 report from Good Shepherd International School, Tamil Nadu were received. By order dated 03.05.2019 on the request of the mother she was permitted to have the custody of the child during the entire vacation with effect from 22.05.2019. Thereafter, the matter was heard on 01.07.2019. ;