• School denying TC

I am a single working mother with 10 years old boy and 8 months boy.
According to the rule of my son’s school, I submitted the intimation in writing for withdrawal of my son in the academic year 2015-2016, before 12th Jan 2015 giving the reason that my son might emigrate with his father .But he is an under-performer, he does not fit into the school and financially I could not afford to meet the school expense.
Yesterday, the Principal ranged to inform me that my husband met her at school and had “contended” that the boy had to continue his studies in the school. She declared that she won’t give the TC at any cost unless and until both the parents meet her in person or give her in writing that TC is requested because it has become a “ legal issue” now. She demanded for "a legal notice" claiming that I am the guardian for my son and I have rights to decide on his future and then apply for the TC.
The principal also added that she does not want the school to be dragged in between the family issue and does not want herself to be socially or emotionally involved with it and she said she conveyed the same to the father as well.
I have not yet applied for divorce,the boy does not get financial support from his father .Though we had been living  on and off with him for 10 years I would have live lived with him for a year or so in 10 years.I am away from him since August 2013.The boy has good rapport with his father and wants to live with him but he does not take any kind of responsibilities.
I am forced to but happily be with my son against his preference.So far I have borne the boy's expense. I cant bear the hefty expense -I don't want the school to question me on fee anymore,though they deny TC.
What  should I do to protect my son's and my interest.
Asked 3 years ago in Civil Law from Chennai, Tamil Nadu
1) your husband as father is bound to maintain his son . 

2) if he refuses to shoulder financial responsibilities make an application for maintenance of the child before the family court 

3) your husband can be directed by court to pay 1/3rd of his income as maintenance . 

4) if husband does not want to take child abroad dont apply for Tc 

5) make it clear to your son that you have no objection for his migrating abroad with father but your father is the one who has raised roadblocks in issue of TC 

6) you can also apply for divorce and seek alimony and other reliefs from your husband
Ajay Sethi
Advocate, Mumbai
45738 Answers
2692 Consultations

5.0 on 5.0

1. It is the inescapable duty of your husband to maintain his children. If he abdicates this duty then you may take out proceedings for maintenance in the court.

2. The court may order your husband to discharge his parental duties by giving maintenance to his child. His income will be taken into consideration while fixing the amount of maintenance.

3. You may also apply to court for the custody of your son.

4. If your husband does not want to take his son abroad then applying for TC will serve no purpose.

5. You are free to apply for divorce on the grounds available to you.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. You stated that you want o protect your son'd and you interest. What is your interest in this matter in connection with the school which you want to protect?

2. You are the natural guardian of your minor child. You could have applied for TC showing any reason without involving his father. Now since you have mentioned in your application that the TC has been applied for since your boy imight emigrate with his father which his father has denied, the school is right in refusing your said application which has been proved to be filed on false ground,

3. You can file an application for maintenance of your son which his father is bound to bear,

4. You can also file a Divorce Suit claiming alimony from his father.
Krishna Kishore Ganguly
Advocate, Kolkata
18547 Answers
449 Consultations

5.0 on 5.0

Children’s always need Parents love and care. The Father Is to Provide for the Needs of His Family. Some times responsibilities are created when a need is obtain in front of us. If you have come from a hard place in life, you may need to learn what it means to carry a lighter load.  There is wisdom in accepting our physical limitations, and learning to have reasonable expectations of ourselves. 

Recognizing our limitations, as well as those of others, is part of discerning what responsibilities are appropriate to carry.  Limitations can come in various forms. Some people have so much on their plate that adding one more thing pushes them over the top.  Another person may be dealing with aging or a health issue that limits what they are capable of doing.  Accepting and honoring one another's limitations is important. Life can be a whole lot easier when each person carries their fair share of the load - not to much and not to little.  Doing an honest evaluation of what responsibilities are appropriate to carry and then carrying these with joy, is part of what it takes to do life well.   

 Handle the situations in cool way not in hurry bury. All the people’s reactions in life are different. For children, divorce can be stressful, sad, and confusing. At any age, kids may feel uncertain or angry at the prospect of mom and dad splitting up. As a parent, you can make the process and its effects less painful for your children.. Divorce changes families but does not end your commitment to your children. This is a confusing and emotional time fore everyone involved. 

Legal Solutions
1.	Your husband is bound to maintain you and his children’s.SoFile a case for maintenance against husband under DV Act or 125 CRPC.
2.	You can also file a Divorce Suit claiming alimony.
Ajay N S
Advocate, Ernakulam
2769 Answers
47 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer