Sir, a. I have a son born out of my previous wedlock. I have not remarried after the divorce. b. The entire welfare of my child right from me carrying him in my womb were taken care by only me and my ex-husband left the family when my child was a few months old. c. My marriage with my ex-husband got annulled by The Honorable Madras High Court through mutual consent in June 2017. My ex-husband gave up any claim over the child under whatever circumstances, which is recorded as part of the divorce settlement. I had not claimed any alimony or maintenance from him for myself or the child. He remarried immediately after our divorce. I have not remarried. d. I had not disclosed the father's name in the school admission form. My son is now in his ninth standard. The school has advised to disclose his father's name to appear in his Xth mark sheets stating that is mandatory. The birth certificate carries the father's name. His Aadhar and school admission is sans the father's name. The school says that since it is mandatory, the father's name in the birth certificate will be used for the mark sheets. e. I do not want his biological father's name appear in his mark sheets since there has been absolutely zero efforts for raising the child from him and I have taking care of the child right from the time I was carrying the fetus. f. Please advise if I can withhold his father's name from appearing in his Tenth mark sheets. Court rulings in this regard, with decree details, will help to put forth my stance with the school. Thank you.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Delhi High court has recently held that the names of both parents of a student must be necessarily reflected in his/her educational documents.
2) since father mane is mentioned in birth certificate it is advisable that his name should also be mentioned in his school leaning certificate and mark sheets
Sir, But that ruling was as a matter of "equality of recognition" of a mother's role since inputting only the father's name is a "retrogressive" and "archaic" concept. The spirit of the ruling was meant to include the mother's name in the mark sheets and does not insist on the father's , isn't it ? b. Where should I take it up to not include the father's name in the educational documents ? Please advise if I need to approach the court or any other forum. Thank you.
Yes you can apply that you are single mother and can make changes in the same if your husband doesn’t have any objections.
Thank you for the reply. Could you please provide the Government Directive or court ruling in this matter. I need to show that to the school to not add the father's name to the mark sheet.
The judgment provides that name of both parents should be mentioned.merely having mother name would not suffice
you would need court orders that only mother name be reflected in child documents
Educational boards like CBSE, as a standard procedure, require the names of both parents on all educational documents, including school leaving certificates.
Thank you for your response, Sir. Could you please advise the type of petition I need to place before the court ? Tentatively how long would it take for the court to offer a decree on it?
For the court ruling you need to contact the advocate with specific details through kaanoon
File writ petition on HC against school board decision to include name of father in school records
before filing writ ask school / board to give in writing that name of both parents is mandatory
If the school or board insists on including the father’s name, but the biological father is unknown or abandoned, you may make a case that only the mother’s name be used (supported by birth certificate/affidavit) and that the absence of the father’s name should not invalidate the marksheet.
In practice, many schools require both parents’ names in admission forms or records, but education departments in some states have clarified that father’s name is not mandatory if it doesn’t exist in official identity documents.
If the board or school refuses to issue a certificate without the father’s name, a writ petition or judicial remedy might be considered (depending on the jurisdiction) to argue that the school/board’s insistence is arbitrary or violative of rights of the child.
Legal Basis: Father relinquished parental rights in divorce settlement - this overrides general rules.
File Writ Petition in Madras High Court with:
Divorce decree showing father's rights relinquishment
Child's Aadhaar/school records without father's name
Affidavit of no maintenance received
Mathumitha Ramesh v. Chief Health Officer (Madras HC) - father's name can be omitted
ABC v. State (NCT) (Supreme Court) - authorities cannot force father's name disclosure
Education Department circular - father's name not mandatory
Direction to school/CBSE to issue 10th marksheets without father's name based on parental rights relinquishment.
Petition filing: 1-2 weeks
Court decision: 3-6 months
Strong chances of success given your divorce settlement terms
Next Step: Contact family law advocate immediately to draft writ petition using divorce settlement as primary evidence.
Shalu Nigam v. Regional Passport Officer (Delhi HC, 2016) and followed in Jigya Yadav v. CBSE (Supreme Court, 2021) — rests on the principle that:
“The law cannot treat a mother as a lesser parent. The child’s identity cannot be conditioned on the father’s name alone — such insistence is retrogressive and patriarchal
In Supreme Court in Jigya Yadav v. CBSE (2021) 7 SCC 535
Although the main issue was about name change, the Supreme Court reiterated that educational certificates are not sacred documents immune from correction or rectification — and that identity must reflect the truth of the student’s life.
The Court recognized the growing diversity of family structures — single mothers, adoptive parents, guardians — and directed CBSE to create flexible rules.
The purpose is inclusion and gender equality — allowing a mother’s name to be sufficient without requiring the father’s name.
Thus,the rulings are not merely about adding mothers’ names, but also about removing the archaic necessity of having the father’s name as a default identity marker.
Therefore, if the student is still in school (or about to appear for exams), you may approach the district education authorities with an application citing the supreme court's judgement and request for inclusion of mother's name alone in the school certificate.
If the authorities concerned rejects or refuses, then file a Writ Petition under Article 226 of the Constitution before your State’s High Court.
Shalu Nigam & Anr. v. Regional Passport Officer (Delhi High Court, 2016)
This is the leading case where the Court held there is no legal requirement that a passport must mandatorily include the father’s name — especially in cases where the father has abdicated responsibility or abandoned the child.
In Jigya Yadav v. CBSE (2021) 7 SCC 535 (Supreme Court, India)
This is extremely relevant because it deals with correction / change of names in CBSE / school certificates, and emphasizes identity, fundamental rights, and flexibility in certification.
The Supreme Court held that the right to control one’s identity — including name and related personal identity features — is part of one’s fundamental rights under Articles 14, 19, and 21.
The Court directed CBSE to amend its Bye-laws to allow for changes / corrections in certificates in more flexible ways (i.e. permitting name change / corrections beyond rigid limits).
You may file a Writ Petition under Article 226 of the Constitution of India before the High Court having jurisdiction over your area seeking a Writ of Mandamus(or Certiorarified Mandamus, depending on facts).
In many High Courts, such petitions are disposed of fairly quickly — especially if the facts are simple, the request is constitutional, and you have cited binding precedents.
Before filing, it helps if you’ve made a formal written representation to the School, DEO, and DSE, and wait about 15 days.
If they don’t act, your Writ Petition says they failed to discharge their duty despite representation.
- As per the Supreme Court judgment in the matter of ABC Versus The State, AIR 2015 SC 2569, birth certificate can be issued in the name of mother after taking an Affidavit for the same, without mentioning the name of biological father.
- Further, in the matter of S. P. Mehta versus. The State of Haryana , the Punjab and Haryana High Court allowed a mother to have the child's father's name omitted from school records. The Court ruled that the child's well-being and rights are paramount, and the custodial parent (the mother) has the discretion to determine what should be included in the child's documents, especially when the father is not involved in the child's life.
- Further, according to the Right to Education Act, 2009, and Indian laws in general, there is no mandatory requirement for a father's name to be listed on educational certificates. The name of the mother or guardian can be provided in place of the father's name if the father is absent, unknown, or the custodial parent wishes to omit it for any personal reasons.
- Hence, you can produce the divorce decree with these judgments to the school for not recording fathers name in his certificate.
1. Irrespective of whether the father has put any effort in the upbringing of the child or not, he is still the biological father of the child which you can not erase under any circumstances.
2. It is mandatory to put his father's name in all his documents in his interest.
His father's name shall have to be mentioned in all his documents mandatorily otherwise he might face legal complications later on.
There is no Court Order as per my knowledge as of now which directs to substitute mother's name in place of the father's name of the child.
It might not be prudent on your part to file an application before the Court praying for direction upon the School for allowing you to refrain from mentioning his father's name while filing the form.
You are legally entitled to have only your name recorded as the parent in your child’s documents. There is no law in India that requires a father’s name to be mentioned in a child’s educational or official records. The current legal position recognises that a single mother can be the sole guardian and parent for all purposes, and a child’s identity need not depend on the father’s name—especially when the father has abandoned the family or relinquished his rights through divorce.
The Supreme Court and various High Courts have confirmed this right. That an unwed or single mother can be the sole legal guardian of her child and is not required to disclose the father’s name in any document or proceeding. The Court observed that forcing a woman to reveal the father’s identity would violate her privacy and dignity. While that case involved an unwed mother, the same reasoning applies to divorced and abandoned mothers who raise children independently.
In Ms. Jigya Yadav v. CBSE & Ors. (2021) 7 SCC 535, the Supreme Court held that a person’s name or parental details in educational certificates can be corrected or altered to reflect current identity or family circumstances. The Court directed CBSE to allow corrections and emphasized the right to identity, dignity, and privacy under Articles 14, 19, and 21 of the Constitution. Similarly, in K. V. Venkatesh v. State of Karnataka (2018 SCC OnLine Kar 2889), the Karnataka High Court held that a child may have only the mother’s name in the birth certificate and educational records if the father has deserted the family. The Court said it is open to the mother to give her name alone as parent or guardian, and it is not mandatory to mention the father’s name. The Delhi High Court in Rameshwari Devi v. State of NCT of Delhi (2017 SCC OnLine Del 10427) also directed authorities to issue documents with only the mother’s name, ruling that insisting on a father’s name violates a child’s dignity.
Educational authorities have also accepted this principle. CBSE has issued circulars (for example, CBSE/Coord/AS(C)/112576/2018) confirming that the name of either parent or guardian may be entered in school records and mark sheets. The circular states that where a single parent applies for registration, the name of either the father or the mother, or guardian, as applicable, shall be recorded. This circular is binding on all CBSE-affiliated schools, and most state boards follow the same practice.
In Tamil Nadu, the School Education Department has also instructed schools not to insist on both parents’ names and to accept the mother’s name alone in cases of single parenting, divorce, or desertion. The Directorate of Matriculation Schools issued directions to that effect in 2019. You can refer to that circular when writing to the school.
To move forward, first write to the school principal or correspondent, enclosing your divorce decree (showing the father’s relinquishment of rights), an affidavit stating that you are the sole guardian and that the father has no role in the child’s upbringing, and copies of the Supreme Court judgments mentioned above. Request that only your name be shown as the parent or guardian in the registration for your son’s 10th standard examination and mark sheets.
If the school refuses, escalate the issue by submitting the same documents to the District Education Officer (DEO) or the regional board office. Often, DEO intervention is sufficient to resolve the matter. If they still deny your request, you can approach the Madras High Court through a writ petition seeking a direction (mandamus) to the school and education authorities to record only your name as parent or guardian. Your petition would rely on the above judgments and on Article 21 of the Constitution (right to dignity and privacy).
The petition you would file is a writ petition for mandamus under Article 226 of the Constitution, naming the school, the Education Department, and the examination board as respondents. The grounds would be that the father has relinquished all rights under a court-approved divorce decree, that you are the sole caregiver, and that insisting on the father’s name violates your and your child’s rights to privacy, dignity, and equality. These petitions are typically disposed of quickly by the Madras High Court—interim orders can be granted within a few hearings (around one to two months), and final orders within three to six months.
Keep ready the divorce decree, the child’s birth certificate, copies of the school and Aadhaar records (showing only your name), your affidavit of sole guardianship, and the cited Supreme Court and CBSE documents. These will be needed for the school, DEO, or court.
You are within your legal rights to have only your name on your child’s educational records. The Supreme Court has recognised this as a matter of privacy, equality, and dignity. If the school still refuses, a formal complaint to the Education Officer or a writ petition before the Madras High Court will ensure that your son’s 10th standard documents carry only your name as his parent.
Dear Client, while it is generally required for educational records to reflect the details as mentioned in the child’s birth certificate, courts in India have recognized the right of single or divorced mothers to withhold the father’s name in exceptional circumstances. The Delhi High Court in Ms. ‘X’ v. Central Board of Secondary Education (2018 SCC OnLine Del 10639) and the Madras High Court in J. Sasi Kala v. The Secretary to Government, Department of School Education (W.P. No. 12136 of 2021) have held that insisting on the father’s name in school or board certificates violates the privacy and dignity of single mothers and their children under Article 21 of the Constitution. You can rely on these rulings and your divorce decree to request the school to record only your name as the guardian in the mark sheet. If the school refuses, you may approach the CBSE regional office or the jurisdictional High Court seeking a direction in line with the above precedents. I hope this answer helps. For any more queries, do not hesitate to contact us.
