That is what precisely I am trying to say. No right of father or mother is more important than the welfare of child. The estranged parents, in a hurry to bury the hatchet, come to MCD agreement and in that any provision affects the welfare of the child, the court does not think twice to throw the MCD agreement in the waste paper basket. What is talking of the provisions of the contract? Indian Courts have not respected even statutory provisions when the matter relates to the welfare of the child. Have Indian courts obliging the statutory provision that after the age of 5 father is the natural guardian. The courts have over riden the statutory provisions for the welfare of the child and most of the cases allowed the children above 5, 10 to stay with the mother. The same fate will meet the MCD provision regarding pushing the child into the hostel. I do not know whether Sh. Dhingra passed any such order in the similar facts and circumstances of the case. If that is the case, then I also I do not worry and I advise Ms. Indrani not to worry, because that court is not the ultimate court and there are further appellate stages.
I always tell that oppressive clauses in the mutually agreed contracts are not enforceable. She said in her querry - my ex husband convinced me forcefully saying "he wont snatch my child from me". Whether the statement is true or not, we do not know, even then she has got a very strong case to keep her child with her and avoid sending the child to hostel, subject to that very important question - how much time she can spare for the child in a day.
In these days, I am really getting irritated because my advices, which come from bottom of my heart are always attributed to my commercial interest. In this reply also, people with colour lenses see that I have some commercial and professional benefit as I am suggesting that a single bench's decision cannot be ultimate decision and there are further appellate channels to get justice.