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Soumitra Kumar Nahar Petitioner(S) v. Parul Nahar (S).
Factual and Procedural Background
The court heard counsel for the parties. Following deliberations and a suggestion by the court, the applicant (through counsel) sought liberty to withdraw I.A. No. 124702 of 2018 and an affidavit dated 07.02.2019, which the court accepted. The opinion records that the respondent has no objection to shifting the parties’ minor daughter, Sanjana, from All Saints College to another school—preferably Sherwood College, where her brother is already studying—and that All Saints College also has no objection. The court further noted that an existing interim arrangement regarding access and custody of the minor children had been made in a prior order and was addressed again in this order.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court accepted the applicant’s request to withdraw I.A. No. 124702 of 2018 and the affidavit dated 07.02.2019 after deliberations, as suggested by the court. It also formally recorded the respondent’s lack of objection to shifting the minor daughter Sanjana from All Saints College to another school, preferably Sherwood College, and noted that All Saints College had no objection to such a shift. The court clarified that the previously ordered interim arrangement concerning access and custody of the minor children would continue until further orders. Additionally, the court placed on record its appreciation for the Principal of All Saints College for admitting Sanjana in deference to the court’s earlier request.
Holding and Implications
WITHDRAWAL PERMITTED: The applicant was granted liberty to withdraw I.A. No. 124702 of 2018 and the affidavit dated 07.02.2019, and the request was accepted.
INTERIM ARRANGEMENT CONTINUES: The interim arrangement regarding access and custody of the minor children, as ordered previously, will continue until further orders.
RECORDED CONSENSUS ON SCHOOL SHIFT: The court recorded that the respondent and All Saints College have no objection to shifting Sanjana to another school, preferably Sherwood College, subject to securing admission.
The direct effect is that the relevant interlocutory application and affidavit stand withdrawn, the status quo under the prior interim custody/access order remains in force, and the parties may pursue admission of Sanjana to Sherwood College without objection from the respondent or the current school as recorded. The opinion does not indicate that any new legal precedent was established.
1. Heard learned counsel for the parties.
2. After some deliberations, as suggested by the Court, the applicant, through counsel, seeks liberty to withdraw I.A. No. 124702 of 2018 and affidavit dated 07.02.2019. That request is accepted.
3. We, however, place on record, that the respondent has no objection whatsoever to shifting the minor daughter Sanjana from All Saints College to another school, preferably to Sherwood College, where her brother is already pursuing his education. The parties are hopeful that they will be able to persuade the management of Sherwood College to admit Sanjana in that school. The All Saints College has no objection in that regard.
4. We make it clear that the interim arrangement regarding access and custody of the minor children, as ordered in the previous order, will continue till further orders.
5. We place on record our appreciation for Ms. Kiran E. Jeremiah, Principal of All Saints College, for having admitted Ms. Sanjana to that school in deference to the request made by this Court.
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