File for divorce on grounds of mental cruelty and desertion 

2) husband refusing to stay with wife for continuous period of 2 years amounts to desertion 

3) you can submit copy of divorce petition filed by you as proof that you are departed for last 3 years 

There is no such option legally maintainable. You sab admit him as single parent and opt for any option you want for the welfare of child

It is not necessary for the missing father to be present before the school authorities for getting the child admitted in the school.

Yo can give a letter stating that her father absconded even since the child's birth and not traceable, if they still insist on his presence you may approach the district education authorities with a complaint agaisnt the school management on his.

If there is no response from the education department then you can approach court with a suit seeking direction to the school management on this.

Why dont you apply for divorce on the grounds of desertion against your husband and get an exparte order on this which will be completed within two months time.

The divorce decree will solve all the issues.

See you can file divorce before the court from husband. Also can file for custody order of the child seeking sole custody of the child in same interim application can be filed seeking direction for custody pending the case based on same you can get him admitted to school.

You have to obtain order from court of sole custody. 

Since you are only taking care of child, court will grant you relief and as an interim releif court will direct school to admit child.

Once custody granted, than you will never require his consent/ present for any purpose.

1. File divorce petition against your husband on ground of mental cruelty and dissertion

2. submit copy of order from court that your case is admitted in school to prove that you are single parent. 

3. You can also file maintenance case against your husband under section 125 CrPC 

Dear Madam,

The following information may kindly be read:

Dad’s name not needed for RTE admission: Education officials

Education minister Vinod Tawde on Thursday said orphans and children of widowed, divorced or single mothers are also allowed to avail admissions under the Right to Education Act if they meet the terms of the act.
Tawde said that he had always made it clear that children belonging to these categories were allowed, but problems arose at the local level as the bodies implementing the admission process refused to take the mother’s documents as official papers for the child. Moreover, the website also made it compulsory to name and submit the father’s documents.

The list of documents declared on the official RTE website of the state specifically asks for the father’s caste certificate, which made it impossible for such women to admit their wards. The admission forms in schools also make it mandatory to fill in the father’s name.
Schools generally reject any application if the documents of the father are not submitted stating the lack of documents or incomplete application form as the reason.
As per the Right to Education Act, 2009, 25% seats in entry-level class in schools (unaided and non-minority schools) must be reserved for students belonging to communities that are economically where the annual income is less than Rs 1 lakh or socially those belonging to SC, ST or VJNT disadvantaged. Students with more than 50% disability are also eligible to apply under this Act. The students will get free education from Std I to VIII.
An official of the education department said, “India is a patriarchal society and it is hard for many to accept the mother’s document when it comes to authorizing if a child is eligible for admissions under RTE. The concept of single mothers is yet to be accepted by the society. But this needs to change.”
The official further said that orphans with no documents or residing in orphanages should also be given a chance. “If an orphan child is living with his uncle or aunt, the documents of the guardians should be enough to get the child admitted under RTE considering they fall under the socially- or economically-weaker sections of the society. If the child is living in an orphanage, then that should be taken as the residence proof and provisions must be made to not ask for the parents’ documents if there are none,” the official added.
When questioned if there was a letter asking education department officials dealing with RTE admissions to accept documents of single, widowed or divorced mothers or orphans, Pune division’s deputy director of education Dinkar Temkar said, “We had not sent any letter as such, we had just told them orally. We will discuss the matter and issue a circular.”

Last year, many such cases of divorced mothers not being able to secure admissions for their children came forward. Members of Kagad Kach Patra Kashtkari Panchayat had come to the fore to fight for their rights, but the education department did nothing.
Commissioner of education Dheeraj Kumar said the department would look into the matter urgently and would try to make provisions to secure admissions for these children this year itself. “Otherwise, from next year, the wards of divorced, widowed, single mothers and orphans would be allowed to apply to 25% admissions under RTE. We will see if there needs to be any change done in the website. For example, in cases of single mother, the compulsory slot to write father’s name would be removed from the online admission form,” Kumar said.

Deserving kids hit another roadblock in the RTE admissions quota barrier

Being a single mother has never been easy in the Indian Society given the weightage given to ‘proper’ families. Another difficulty has been added to the list of issues already battled by single mothers. Those who want to admit their children to school under RTE Act are finding it hard to provide the right documents to the authorities.

The admission process lists down income certificate, caste certificate, residence proof and birth certificate as the documents necessary for admission. However, single mothers, especially those who have separated from their husbands, are in a fix as mostly their children carry the father's surname and the authorities demand the original papers which the father refuses to part with, thus leaving the child out of the admission process.

Take Pradnya’s example, she is 25 and separated from her alcoholic husband and lives with her parents in a slum in Warje Malwadi. Currently working as a coordinator for Solid Waste Collection and Handling, she earns about Rs 14,000 per month. When her son turned 3 this year, she decided to send him to an English medium school, but the steep fees were a stumbling block.

She cannot even apply for the 25% reserved seats for EWS under Right to Education Act 2009 as her son carries his father's name and she cannot provide those documents for admission as the father refuses to give her the original documents.

Pradnya's current worry is to get him into a school under the RTE quota. "The procedure requires documents like his father's income certificate and caste certificate which he will not give. I tried to get my son's surname changed to my maiden name, but the official lectured me on how hard it was to live without a husband and that I will have to answer my son's queries about my actions," she added.

In other cases, where the mother has passed away and the father too has abandoned the child in the care of the maternal grandparents, such children too cannot produce original documents showing their fathers surname and thus lose out on admission under the act.

Education activists say that the government should actively look into these loopholes so that children who must rightly benefit from RTE are not left out.

Acting director of directorate of primary education Govind Nandede said, "This is serious and needs a careful study. We have to ascertain the number of cases and the problems the parent faces. We will then decide how to solve the problem without bending the RTE rules. We will send a proposal to the government to make the changes in the admission process."

If he has abandoned you then file a case for maintenance and domestic violence against him. A divorce petition may also be filed against him on grounds of cruelty and desertion as it has been 3 years. 

The court shall grant maintenance for you and the child. If you want to stay with him the file an rcr application.

1. You have the right to admit your son as a single parent.

2. It will be violation of your son's fundamental rights if he is denied admission by school due to the fact that you opt as a single parent and do not give any proof of being a single parent. A writ petition can be filed by you in the High Court as the natural guardian of your child.