VidhiSangh

Supreme Court of India · 11/07/2019

SHEOLI HATI versus SOMNATH DAS

[2019] 9 S.C.R. 212 · 2019 INSC 751

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Summary

The Supreme Court declined to disturb an implemented interim direction admitting a child to a boarding school while the parents’ appeals remained pending in the High Court. The child’s welfare, including education, health and protection from parental conflict, was paramount. No fixed rule governed boarding-school placement: the High Court was to decide the appeals on their facts, considering subsequent school reports and medical concerns.

Issues

  1. Whether the implemented boarding-school direction should be interfered with before final determination of the pending guardianship appeals.
  2. What considerations govern a child’s education and welfare amid parental conflict.

Held

Result

Appeals disposed of without interference with the impugned order. The High Court was requested to decide both pending first appeals after hearing the parties and considering the observations and subsequent material. Reports received by the Supreme Court were directed to be transmitted to the High Court in sealed cover.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 212.