MANOJ KUMAR GUPTA,J. - (1.) A supplementary affidavit has been been filed in compliance of the order dated 12.4.2017, which is taken on record.
(2.) By means of instant application, the applicant, who is mother of two minor children and has filed an application for being given custody of the children and which proceedings are pending before the Principal Judge, Family Court, Bulandshahr, has approached this Court seeking transfer of the proceedings. It is noticeable that the opposite party No. 1, who is husband of the applicant, has also filed separate proceedings under the Guardianship and Wards Act for being appointed as guardian of his minor children. The Principal Judge, Family Court, Bulandshahr passed an order dated 25.7.2015 by which interim custody of the minor children has been given to opposite party No. 1, subject to various conditions imposed upon him in order to ensure welfare of the minors. By the same order, the applicant has been given visitation rights.
(3.) The opposite party no. 1, feeling aggrieved by the condition imposed upon him in regard to continuance of education of the minor children in D.P.S. School, Bulandshahr, filed First Appeal No. 443 of 2015 before this Court contending that he had taken a job in a super specially Hospital at Noida and wants that the children should study at Noida. However, Family Court ignored the said aspect of the matter. This Court, while deciding the appeal by judgement dated 6.5.2016, declined to interfere with the order of the Family court, but left it open to the opposite party to make an application before the Principal Judge, Family Court bringing to its notice the fact that he is employed at Noida and therefore, be permitted to admit the children in a school at Noida. In that event, the Family Court was directed to examine all aspects of the matter, including the choice of the children with regard to the place they are willing to reside till the proceedings are finally decided.;