They can't do that you can approach court against school and seek directions against it and get TC

You have to sort this matter with your wife. If she refuses then you cannot take your child. Therefore talk to her through relatives and friends.

1) school would insist on consent of both parents for issue of TC 

2) you can file petition for RCR if wife refuses to stay with  you 

3) seek sole custody of child and orders to direct school to issue TC 

4) welfare of child is paramount consideration 

Father is first  natural guardian of child but child cannot be separated from mother custody. Child welfare is primary consideration, if you can prove that mother is providing good to child than court may direct school to release TC. 

1. See if the ordinary custody of child is with wife you cannot remove child from it without order of the court. You may file a custody petition and same seek direction for school to give you TC if court finds that same is for welfare of child it will order same.

Stop expenses of child tuition and tell her to relocate with you. Mention new school, admission detail and fee paid. Send via message or email. 

Court proceeding takes time and wife cannot be force to live with husband. 

If your wife is not willing to stay with you then you have no option but to move court for necessary reliefs 

1. See you should talk to your wife and settle mutually if not then you may file a petition for restitution of conjugal rights but in case she is not agreeing you cannot force her.

1. Refer to the regulations of the Board which must have mentioned the requirement as regards signature of both parents for TC of the child. 

2. No such mandate is necessary for TC in general circumstances. 

3. So without TC also you can proceed to admit your child in the new school.

4. The suit for custody is not required in this case. 

You have rights over your child as a natural guardian and of course you can take a decision to put your child in an appropriate school as per your desire and capability.

The school cannot refuse to give TC for the said flimsy reasons.

If the school rejects your application on the said grounds then you can issue a legal notice to the school demanding the TC  or to face music of law in court.

You can endorse a copy of this notice to the district education officer with a request to intervene and direct the school authorities to comply with the demands made.

You consult a local advocate and initiate legal recourse.

There is no reason to file a RCR petition.

If you want an immediate action then you may first start the legal action by sending a legal notice as suggested in my previous post and after that you can approach court with suit seeking direction to the school authorities to issue the requisite TC for the reasons you may rely upon.

Go for mediation through either by family and friends or through a court appointed mediator.

After a marriage breaks down and results in separation of a married couple, the party who suffers the most is the child who is born out of that marriage. Children are fragile, handle them with care. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. The mother and father both have an equal right to the custody of a child. But who gets the custody of the child is a question that the court decides upon. While the statutes are contradictory when we talk about the personal laws as opposed to secular enactment in the form of The Guardian and Wards Act, 1890, the court of adequate jurisdiction struggles to strike equilibrium between the two, all the while paramount importance being the welfare of the child.

On marriage, it is the primary duty of the parties to live together for the performance of their marital obligations. This right to cohabit with each other is called the right to ‘consortium’. It is the right that husband and wife have to each other’s society, comfort and affection. The origin of the action seems to lie in the early law concept of husband having a quasi-proprietary right over the wife. It included his wife’s society as well as her services. If a spouse makes a breach of this obligation without any justifiable cause, the other can go to the court for the restoration of his conjugal rights

In your case, try to settle the differences of opinion between you and your wife by way of consulting a marriage counselor or Psychologist. Or try to settle the problems / egos between you and your wife by the help of close relatives or common friends. If all the efforts are not working then file petition for RCR.

Then what exactly you want. You need to initiate legal process or be mute. 

Since no litigation is going on between you & your wife, therefore, try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, start afresh, 

I know, you must have tried this, but you can give the last try.

if the matter doesn't settle, file Restitution of conjugal rights petition and custody petition in the Court,

once you file the RCR & custody case, she may file/claim

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

RCR will work as a safeguard to 498a, maintenance, DV etc 

as far as the custody of the child is concerned, keep the following point in consideration,

The mother usually gets custody of the minor child, under the age of five. but after five it can be given to any parent.

various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc

The most important factor is the BEST INTEREST OF THE CHILD.

keeping in view the above facts, you can prepare your defense.

if you are interested in saving your relationship, you can keep the children for one another year at Rajasthan and can try again

1. School is right in refusing to issue TC when both parents have not applied for it. Unless there is an order passed by the court declaring one parent as guardian of the child, it is not permissible for school to issue TC on the demand of one parent alone.

2. On what basis do you claim to be the  natural guardian of child? I hope you understand the legal meaning of 'natural guardian'.

Dear Sir, 

You are suggested to have a meeting with wife and some well wishers/relatives to convince your wife to come to your working place in Delhi. Though this may not be a legal step at this stage, but it may solve the issues faced by you. You are also suggested to have recording of the same so that it may be used later, if the things does not solve and your wife shows adamant attitude. You are suggested to ask her to give her consent for transfer of the child and if not done by her, you may plan for filing restitution case.  

Dear Sir,

Yes, the school authorities are taking benefit of such situations. Please approach higher school authorities and get an order to the school administration. If possible directly get admit the child as if he has not studied any where since he is aged 3 years and no valid TC is prescribed by any school authorities. Finally you may get ex parte orders from the court and you will win the case.

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Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes

In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.

The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.

It is the process that for TC a school need signatures of both the parents in normal conditions. 

You have to initiate the legal procedure after the lockdown is over in order to bring your child to the new school.

- As per law, the court cannot refuse to issue TC. 

- Since you wife has given her complaint /instruction to the school management for not allowing you to take transfer certificate , hence the said school is not issuing the same , because both parents of the kid is having right to get the same. 

- Only a court order can give you permission for receiving the said certificate from school, specially if there is child custody case or other . 

- Further, under no law the court can compel or force a husband to take back his wife. No court can force co- habitation between a couple.

- File a case for RCR or custody of the child , and during the trial of the case , settle the matter amicably with the help of mediation cell. 

Hello,

School  cannot refuse to issue a TC so you need to write a letter to the secretary of the education ministry else has to file a case .

Regards

1. U have not mentioned d age of d child. If the child is below 5 years then mother is d natural guardian. So u have no right. 2. If ur child is above d age of 5 years u can demand but right now d child is in d mother's custody so ur right does not arise. 3. For such case u will have to file custody rights first then demand TC

there has been a rule in every school a per the norms of the schools administrative act, then there is no question of allowing the schools to issue the TC without having the signature of both the parents.

if your wife refusing then it is better move legally and file section 9 RCR along with custody of child. 

1. School can deny from issuing Transfer certificate in case one of parents raise objection on issuance of certificate.

2. If you want only your child to shift with you t your work place without your wife then you have to initiate legal proceedings against your wife and school for issuing TC.

3. Even if you file suit then you will have to wait till decision of suit to take your child with you and this can futher destroy your relationship with your wife. 

4. So my suggestion is that you should solve the matter amicably and then get both your wife and son with you to Delhi. 

Child's welfare is of paramount interest and it shall be given top most priority.

It is the procedure to sign the application by both the parents for issuance of TC, if both parents apply separately, the school is not bound to give it.

Either you withdraw your application / get direction of court to issue TC to you.

Best option is to, allow the child continue with her and allow the child continue education. 

Mean while, you proceed to get orders / directions from court with regard to child custody / RCR / Divorce with your wife.  Accordingly, you can take the issue forward.

1. As per the information mentioned in the present query, makes it clear that there has been an issue of mutual understanding of you and your wife because of which education of your child may suffer.
2. I would like to apprise you that it is right that till any court order comes into picture to save your money and child career, you can’t do much as she is not ready.
3. So for now, it seems difficult for any outcome, you should wait and should not further invest money till the time you have something legal relief with you.

Dear Sir,

The signatures of the parents are required on the application of the issuance of a transfer certificate in case of a child who is a minor. This is so because a minor cannot take decisions by himself. As such the minor can act only through his parents who are deemed to be well wishers of the minor and are deemed to be safeguarding the interests of the minor.

The transfer certificate is issued by a competent authority in furtherance of a written application and bears the seal and signatures of the concerned authority. The parents don’t sign the said transfer certificate except as an acknowledgment of having received the transfer certificate, this too only if the issuing authority by rules requires the same thereby showing that the they accept the said transfer certificate.