Mother's apprehensions can't be obstacle in child's education: Delhi HC

A mother's anxiety for her children's well being can't overemphasised but her apprehension of "psychological trauma" to them need not be made an obstacle in their education, the Delhi High Court has said.

The court's observation came while dealing with an appeal by a woman against a trial court order refusing to interfere with a "joint decision" taken by her and her estranged husband to send their children to schools in the United Kingdom (UK).

The mother argued the two children may suffer psychological trauma because of separation and should therefore be admitted in British School here or be sent to the same school in the UK.

A bench headed by Justice Suresh Kumar Kait observed it is in the interest and welfare of a child that he is removed from "unhealthy environment of a broken home" to a place for a good opportunity of proper education and healthy growth.

Based on its interaction with the children, the court observed they were keen to study abroad and were able to secure admission in their respective schools through hard work, and the mother herself had initially taken a decision jointly with the father to let them go abroad for studies.

"So being the case, the apprehension of the appellant mother that they may suffer from psychological trauma, seems to be borne out of her own fear and anxiety which need not be transmitted to the children or be made an obstacle in the future educational path of the children," stated the bench, also comprising Justice Neena Bansal Krishna, in a recent order.

"The anxiety of a mother for the well being of the children can never be over emphasized.. It can also not be ignored that the children's welfare would not be compromised in any manner by sending them abroad away from the parents especially when the children have worked so hard," it said.

The court observed the children's own interest and hard work cannot be put to naught because of the anxieties of the mother, which are without any cogent basis.

In the order, the court also noted that a child's healthy growth is bound to be seriously affected when the atmosphere in the house is surcharged with tension as a result of bitter squabbles between husband and wife.

Such an environment, it recorded, causes misery and unhappiness to a child who has to live in constant psychological strain in such a broken home in view of the bitter relationship between the parents.

In the order, the court also rejected the mother's request for relocation to UK to meet the children by directing the father to bear her expenses, saying "Her desire to relocate in UK cannot be considered as a concomitant to welfare of the children" and she was free to make a plea in this regard before the appropriate forum.

It is her own wish and desire to be close to the children and she is free to make her arrangements instead of claiming expenses for relocation from the father, the court said.