The boy said he had been admitted to a top school for his education.
The Bombay High Court has allowed a 17-year-old caught in a custody battle between his parents, to pursue his dream of moving to the United States of America to join a preparatory school, one amongst top 10 schools in the country.
Justice Rajesh Ketkar who interviewed the minor was informed that he was deeply hurt after his father had sent an email to another preparatory school, citing the ongoing custody battle, following which his admission was cancelled last year. However, recently the minor had secured admission to a highly competitive institution, which admits only 16% of applicants.
The court interviewed the child while hearing an appeal filed by the father, challenging a April 2016 order of the Bandra family court, which rejected his plea to allow his son to move to America and study there. Justice Ketkar said, “We do not need to over-emphasis how the boy will get a huge exposure if he studies in America. The move will also help him develop his personality.”
The judge cited section 26 of the Family Court Act, 1984, which empowers judges to take into consideration the wishes of the child, while passing orders regarding his or her custody. The mother of the child strongly opposed him being sent for further studies to USA on the grounds that she would lose access to him.
However, after interviewing the minor the court noted, “While the boy’s mother said she does not want him to move away from her, her protest will have to be ignored in favour of the fact that the boy is a US citizen, and under US laws, he is entitled to get a driving license, vote and make his own decisions, at the age of 16 years.” The court also noted that in a year's time, as per Indian laws, the boy would be an adult and thus he can make his own decisions.
The boy told the court that the school he was accepted into counts Olympians and Noble Prize winners among its alumni. The school, which has a 800-acre campus, prepares students for admission to Yale University. In 2013-14, 33 of the school’s students got into Yale, 19 got into Harvard and 16 secured seats at Princeton.
The court has asked the High Court registry to release his passport, directed the father to bear the education expenses. The mother is restrained from interfering with her son's education and from contacting the schools without prior permission from the Family Court.
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