FAO No.1733 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1733 of 2009 (O&M) Date of Decision: 6.4.2010 Wazir ..Appellant. Vs. Bihari and others ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Vivek Khatri, Advocate for the appellant. Mr.Mohit Garg, Advocate for the respondents. RAKESH KUMAR JAIN, J. The present appeal arising out of a petition filed under Section 25 of Guardian and Wards Act, 1890 was admitted on 20.8.2009 and in the accompanying CM No.8963-CII of 2009, which is basically filed under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure 1908 (for short `CPC') for staying the operation of the impugned order dated 30.3.2009 passed by Civil Judge (Senior Division), Hisar the following order was passed :- “The parties alongwith one of the minors, are present in Court today. After meeting with his father, the minor child has expressed his willingness to accompany the father.” At this stage, learned counsel for the appellant states that in case both the minor children are admitted in a good boarding school, the appellant-father is ready to bear all the expenses of FAO No.1733 of 2009 (O&M) -2- their education. On the other hand, learned counsel for the respondents states that the respondents have no objection to admitting the minor children in a good boarding school in or around Hisar, but they should be allowed to complete their current academic sessions and the minor children may be admitted in the boarding school only with effect from the commencement of the next academic sessions. In view of the statements made by learned counsel for the parties, the application was adjourned to 15.10.2009 to enable the learned counsel for the appellant to move an appropriate application along with entire information qua good boarding school in or around Hisar, itself.” Pursuant to the aforesaid order, the appellant filed CM No.24233-CII of 2009 under Section 151 of CPC for placing on record the information qua good boarding school in any around Hisar. He has placed on record prospectus of Cosmos Public School, situated at 1.3 kilometers Stone Gangwa-Arya Nagar Road, Hisar. The respondent has filed a reply to CM No.24233-CII of 2009 in which it was alleged that the school as stated by learned counsel for the appellant is not of repute. It is alleged that when both the children were asked to go to the boarding school, they felt shocked and were in tears as they do not want to leave their maternal grand mother and all efforts to console them proved futile as the children are living with their grand mother and maternal uncles for the last 10 years ever since the death of their mother. It is alleged that they had made their best efforts to make the children agree to go to boarding school but to no avail. Thus, it was prayed that they may be allowed to go to day boarding school instead of hostel. Learned counsel for the respondent has vehemently argued that FAO No.1733 of 2009 (O&M) -3- future of the children would be safe if they are sent to boarding school instead of day boarding school. After hearing the learned counsel for the parties, I am of the view that the children cannot be forced to go to boarding school against their wishes. Otherwise, the Court is informed that they are doing well in their studies. Thus, in these circumstances, I do not find any merit in the appeal and the same is hereby dismissed. (Rakesh Kumar Jain) 6.4.2010 Judge Meenu