• Right of education of a child whose parents are not living together for the last 3 years

My daughter & my son-in-law are not living together for the last three years. Still divorce case has not been filed from either side. They are also not in talking terms with each other. They got married on 21st Feb. 2015. They were blessed with a son on 01st July 2016. My daughter is an IT professional at Pune. Last year my daughter tried to get her son admitted at schools at Pune. But the school authorities declined her request on the plea that either submit divorce order from a court of law or both the parents should accompany the child to school for admission.

What should she do under such circumstances to get her son admitted at a school at Pune ?
Asked 5 years ago in Constitutional Law

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17 Answers

1) your daughter should take the plea that she is single parent separated from husband for last 3 years 

 

2) if necessary file for divorce on grounds of mental cruelty and desertion 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

See if the school is not accepting the child's admission your daughter may file a petition before high court seeking direction for school to consider the admission without father's approval. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- As per Supreme Court , Father’s name not needed for birth certificate, passport and school purposes , and it is no longer necessary to state the name of the father in applications seeking admission of children to school, as well as for obtaining a passport for a minor child.

- Further , direct that if a single parent/unwed mother applies for the issuance of a Birth Certificate for a child born from her womb, the Authorities concerned may only require her to furnish an affidavit to this effect, and must not refuse for taking admission on this ground. 

Further as per Section 5 of right to education act. School cannot refuse to take admission of any child on any ground. 

- Hence, the refusal by the said school , is against the law , and can be booked for the said offence. 

- She should lodge a complaint against the said school before the education department of M.P , and further forward a copy of the same to the ministry of education .

- Further, she can file a case against the said school , as it is a violation of Education right and Supreme court judgement.as well. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

Hello,

  1. It is illegal on part of the school to demand production of court order granting divorce or insist the presence of both the parents to provide admission in the school as either parent can take admission for the child.
  2. She can offer to provide an affidavit cum indemnity bond stating the truth and that she takes responsibility for the absence of the absent parent,

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Request the husband to atleast meet once for child admission.

Or file sole cusdoty petition in court and as an interim releif court may direct to admit child without father presence.

Court proceeding takes time, take an excuse that husband work in another city and cannot travel due to covid situation.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

There is no such rule for admission. You can approach court against the school and seek justice

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Ask her to write to the department of education as they cannot refuse on this kind of  ground.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Please try to get Judicial Separation order under section 10 of Hindu Marriage Act 1956 ,which moves faster than divorce petition before the  family Court , seeking direction for order to pass immediately in the interest of justice and welfare of kids for their admission before the School. 


You may move High Court in a writ jurisdiction for direction to school authorities for the admission of children without waiting the outcome of divorce petition pending before the family court. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

School cannot refuse to take admission of any child on any ground. Meet District Education Officer for admission of Child. Or approach other school for admission. 

Ajay N S
Advocate, Ernakulam
4121 Answers
114 Consultations

Hi

1) It is highly illegal and unjust on part of the school to insist on either a divorce order or presence of both parents to accompany the child to school for admission 

2) Also as per the Right To Education Act 2009 it is compulsory and fundamental right for children to avail education, between the age of 6 to 14 years as per the Article 21A of the Indian Constitution.

3) Your daughter or your self can file a complaint  against the school 

a) with the Directorate Of Primary Education ,Central Building, 1st Floor, Dr Annie Besant Road, Pune Station, Pune - 411001, Opposite Sasoon Hospital and

b) also mark a copy of the complaint to the school in pune

4) If, you do not get either a favourable response or any response from either any one or both of them within 15 days of filing of complaint, you can file a writ under Article 226 of Constitution in High Court at Mumbai and your case will be listed as urgent matter and you will get a favourable order from High Court directing the school to admit the child and also directions will be passed to Directorate of Primary Education to stop recurrence of such activities.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

The school authorities cannot deny admission to the child for such reasons.

The school authorities rare no whre related to such issues.

Your daughter should have made a written complaint against the school authorities about such atrocities done by them 

Alternately your daughter could have taken admission in some other school or could have issued a legal notice to the school authorities asking them to explain that under which law that they insist on such conditions and drag them to court of law with  suit for mandatory injunction, in fact they can even be restrained from operating their routine functions due to this injustice and illegal act.

 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

There is no such rule that presence of both the parents is required for getting the admission of child in school.

File a complaint against the school to the education board for getting the admissions done

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

This is an illegal act by the school authorities. Ask them that they cannot do this. File a writ petition in the high court in case they refuse to consider his admission.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. The demand of school is illegal and arbitrary. Child cannot be denied education because of the turmoil in the relationship between his parents.

2. Your daughter should file a Writ Petition in the jurisdictional High Court to direct the school to admit the child notwithstanding the absence of divorce decree or consent of father.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

The said condition by the school is not correct and the child has all the rights of the education

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can file complaint before Commissioner And Directorate Of School Education. there is No such type of rules Or provision . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. She should file a case for legal custody of child and make application for interim relief to give order to husband for help in getting the child admitted in school. 

2. Your daughter can also pray for alternative relief of order for admission without presence of father of child. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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