SUVRA GHOSH,J. - (1.) The appellant is aggrieved by order dated 28-01-2020 passed by the Learned District Judge Purba Medinipur, in case no. 23 of 2016 under Section 10 of the Guardians and Wards Act, 1890.
(2.) The fact, in a nutshell, is that the appellant and the respondent are parents of a six year old girl child and we are informed that their marriage was dissolved by a decree of divorce on mutual consent under section 13(B) of the Hindu Marriage Act, 1955 on 16-08-2018. The appellant/father prayed for custody of the minor daughter under section 10 of the Act of 1890 before the Learned Trial Court and was granted permission to visit the child periodically under section 12 of the Act. In course of proceedings under the Act of 1890, the appellant filed an application before the trial court under section 151 of the Code of Civil Procedure praying for allowing him to admit his daughter in a Public English medium institution at his own cost for the purpose of overall development and welfare of the child. The said application was considered and rejected by the Learned Trial Court upon hearing both the parties by the order impugned with an observation that the appellant/ father did not disclose the name and particulars of the school where he intended to admit the child and also that nothing was produced by the father to substantiate his contention.
(3.) The operative part of the order impugned is set out:- "It is, thus, Ordered that the petition under section 151 of Code of Civil Procedure as filed by the petitioner-father on 27-01- 2020 stands hereby rejected on contest with cost of Rs. 5,000/- which is to be deposited by the petitioner-father by 06-02-2020 with the Secretary, District Legal Services Authority, Purba Medinipur. It is made clear that in the event such cost is not deposited, the visitation order as passed in favour of the present petitioner-father will remain stayed sine die....." ;