• Daughter school fee

I have filed for restitution of conjugal rights against my wife in 2022. I filed for GWOP in 2024 since my wife denied any contact with my daughter apart from visitation in court which was done on mutual consent. I have been paying her school fees etc through the school app all these years voluntarily. Last year she changed her school without my knowledge and denied access to school app or anything related to my daughter’s education. Now she is asking for school fees to be sent to her and she will credit the same to school. When I requested acces and information about school she is denying by saying school policy doesn’t allow acces to two parents which is not true. She is also thereatening to legal consequences if I don’t pay even after me covenying that I will pay provided acces is granted . My daughter is 8 years now, Throw some light on the situation.
Asked 2 months ago in Family Law
Religion: Hindu

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10 Answers

mother cannot unilaterally change a child's school or deny the father access to school records/apps. The Delhi High Court has ruled that a mother cannot exclude the father's name or access in school records, even during a matrimonial dispute

 

2) welfare iof child is paramount consideration 

 

3) Since you are already paying voluntarily, she cannot threaten you with "legal consequences" for non-payment if you have legitimate proof that you are willing to pay directly to the school or upon being given access.

 

4) rely upon chat messages with wife wherein you have asked for school details and she has refused to furnish the same 

 

5)take out interim application in ongoing case 

 seeking directions for:Access to the school app/portal.Provision of school reports and contact information of teachers restraining order against changing schools without court consent.

Ajay Sethi
Advocate, Mumbai
100416 Answers
8211 Consultations

Your situation reflects a fairly common but sensitive intersection of parental rights, financial responsibility, and access to a child’s upbringing. The law does not permit one parent to unilaterally assume complete control over a child while simultaneously demanding financial contribution from the other without transparency. Let me explain this carefully.

You have already taken two significant legal steps—filing for restitution of conjugal rights and later for guardianship/visitation. That shows your consistent intention to remain involved in your daughter’s life. This is important, because courts place great weight on conduct and intention of the parent.

Now, coming to the present issue.

1. Your obligation to pay school fees

As a father, you are unquestionably under a legal obligation to contribute to your minor child’s education and maintenance. Courts take a strict view of this duty. However, that obligation is not blind or unconditional. It must be exercised in a manner that is:

  • Transparent
  • Verifiable
  • In the best interest of the child

You were earlier paying fees directly through the school portal, which is the most proper and legally safe method. That ensured:

  • The money actually reached the school
  • You remained connected with your child’s education

Now, if the mother has changed the school without informing you, and is refusing to share even basic details, that conduct is not viewed favourably in law. A custodial parent cannot isolate the other parent completely.

2. Demand to pay money to her directly

You are absolutely justified in being cautious.

If you transfer money to her without any proof of actual payment to the school, you expose yourself to future allegations such as:

  • Non-payment of school fees
  • Neglect of child
  • Maintenance default

Courts generally prefer direct payment to institutions rather than routing money through one parent, precisely to avoid such disputes.

Your stand—“I am willing to pay, provided I get access and can verify the payment”—is legally sound, reasonable, and in line with the child’s welfare.

3. Denial of access to school information

Her statement that “school policy does not allow access to two parents” is, in most cases, incorrect. Schools routinely provide access to both parents unless there is a specific court order restricting one parent.

More importantly, you are a natural guardian of the child. Unless a court has specifically curtailed your rights, you are entitled to:

  • Know the name and location of the school
  • Access academic records
  • Participate in educational decisions

Her unilateral denial may amount to parental alienation, which courts take seriously.

4. Threat of legal consequences for non-payment

She may attempt to initiate proceedings for maintenance or enforcement. However, your defence is strong if you demonstrate:

  • You have consistently paid in the past
  • You are still willing to pay
  • Your only condition is transparency and direct payment

Courts do not penalize a parent who is acting responsibly but seeks accountability.

5. What should you do now (practical approach)

This is where strategy matters more than emotion.

  • Send a formal written communication (email/notice) stating:

    • You are ready and willing to pay full school fees
    • You request school details, fee structure, and direct payment mode
    • You prefer paying directly to the school to ensure compliance

  • If she refuses, you should approach the court where your guardianship/visitation matter is pending and file an application seeking:

    • Direction to disclose school details
    • Joint access to school records/portal
    • Permission to deposit fees directly with the school

  • As an additional safeguard, you may even express willingness before the court to deposit fees in court or directly with the institution, which reflects complete bona fides.

6. A word of caution

Do not stop payment altogether without documenting your willingness. That can be misused against you. The key is to show:

  • You are not avoiding responsibility
  • You are insisting on accountability

Courts strongly favour such a balanced approach.

7. Larger perspective

At the heart of this issue is not merely school fees—it is your right to participate in your child’s life. Financial contribution cannot be separated from parental involvement. One parent cannot reduce the other to a mere “paying authority” while denying all access.

In conclusion:

  • You are legally bound to support your child, but not to blindly transfer money without transparency.
  • You have a right to access your child’s educational details.
  • Your current stand is legally justified.
  • The safest course is to move the court for directions ensuring both payment compliance and parental access.

Indu Verma
Advocate, Chandigarh
280 Answers
10 Consultations

The problem is that you were paying the school fees on your own directly without being directed to do so by court or by any order of the court.

Even now you can very well stop paying the school fee and ask her to obtain an order from court and in the court you can request the court to permit you to pay directly to the school through  the school app.

Since a case is already going on in court , she has to approach court alone for any such further issues, and as there is already one case is going on, you need not be worried about another case to be filed by her, you can handle that also simultaneously.

You may remember that you have not done any crime by not paying the school fees especially in the absence of any court order to do so.

T Kalaiselvan
Advocate, Vellore
90614 Answers
2523 Consultations

Your situation involves both parental rights and financial responsibility, and you must handle it carefully to protect your legal position.

 

Firstly, as a father, you are legally obligated to contribute towards your child’s maintenance, which includes school fees. However, this obligation does not mean you are required to blindly transfer money to the mother without transparency. You are fully entitled to know where and how the money is being utilized, especially when it concerns your child’s education.

 

Secondly, your wife’s act of changing the school without informing you and denying access to school records is not justified. As a natural guardian, you have a right to access your child’s educational details, including school information, fee structure, progress reports, etc. There is generally no such school policy that restricts access to one parent only, unless there is a specific court order to that effect.

In this situation, you should take the following steps:

You should clearly communicate in writing (email/WhatsApp) that you are ready and willing to pay the school fees directly to the school, but require:

  • Name and address of the school
  • Fee details and invoices
  • Access to school portal or official confirmation

You should avoid transferring money directly to your wife without proper proof, as this may later create disputes regarding payment or misuse.

If she continues to deny information and threatens legal action, you can:

  • Move an application in the pending Guardianship/Welfare (GWOP) proceedings seeking:
    • Direction for shared access to school records and portal
    • Direction that fees be paid directly to the school
    • Clarification of joint parental rights regarding education

  •  
  • You may also place on record your past conduct showing that you have been consistently paying fees, which strengthens your case.

Importantly, courts generally look favorably upon a parent who is willing to support the child but seeks transparency and involvement.

As a precaution, do not stop payment altogether. Instead, maintain a record showing:

  • Your willingness to pay
  • Your request for details
  • Her refusal

This will protect you from any allegation of neglect.

 

In summary, you are liable to pay for your child’s education, but you are equally entitled to transparency and access. The safest approach is to insist on direct payment to the school and formal legal directions through court if required, rather than complying with unverified demands.

Yuganshu Sharma
Advocate, Delhi
1362 Answers
5 Consultations

It’s simple the expenses will be shared by both equally 

Prashant Nayak
Advocate, Mumbai
34971 Answers
255 Consultations

It is not clear whether your wife is employed, and if so, whether her income is self - sufficient. You simply say you volunteer to pay the school fees. In all probability, in the case of a girl child, permanent custody will be given to the mother. Please state the relevant facts fully for getting a suitable advice.

Swaminathan Neelakantan
Advocate, Coimbatore
3133 Answers
20 Consultations

School fees of a minor child are part of the child’s maintenance, so you should not stop payment completely. Under the circumstances, your stand is reasonable: offer to pay the school directly, not blindly to your wife. In your pending Family Court / GWOP matter, file an interim application seeking school details, direct fee payment permission, and regular updates, because the child’s welfare is the top priority and the Family Court can decide custody/access and maintenance issues.

Saurabh Agrawal
Advocate, Greater Noida
102 Answers

Dear client

According to the Guardians and Wards Act , 1890, as the father, you are required to financially support your child. This encompasses paying for their schooling, as well as ensuring that you continue to provide for your spouse's living expenses . However, being obligated to financially support your child does not mean that you must send money to your wife with no indication of how the funds will be used.

Your argument is legally justified. When assessing legal rights and obligations, the courts will always consider what is best for your child. In addition, while the courts will support the child's best interests, a parent who has contributed financially to the child also has a right to access information about the child’s education and upbringing. In most cases, schools do not limit access to student records and other information to one parent only unless there is a specific court order providing otherwise.

You should be willing to pay, but you should also insist on paying directly to the school. If you would like to have the school send you information on how to contact them regarding your child's schooling, you can send a formal email or letter to the school requesting contact information, the school's fee schedule, or access to the records of your child's educational experience. This will create a paper trail that you can use to demonstrate your good faith to the court.

If your wife continues to deny you access to your child and takes further legal action, you can request the court presiding over your pending divorce action for an order to allow equal access to your child and allow you, as the father, to pay for your child's school fees directly to the school .

In summary, as a father you have an obligation to support your child financially, but you also have a right to ensure that you have access to records and documentation regarding your child's education.

if you have any query please feel  free to contact us 

Anik Miu
Advocate, Bangalore
11257 Answers
126 Consultations

You are liable to pay for your child’s education, but you are equally entitled to transparency and access, she(wife) cant deny to tell you the details of the school. As a father you are equally responsible for your child's welfare. You have the chats and those screenshots can help you weigh your case. The safest approach is to insist on direct payment to the school and formal legal directions through court if required, rather than complying with unverified demands.

Pranay Mehta
Advocate, Noida
19 Answers

- As per law, being the biological father you have equal right over the child , and also bound to pay her school fees if your wife is a house wife and not having source of income. 

- However, if she is denying to give proper information then you have right to deny to pay the same. 

- Further, if she files a case before the Court , then you can get all the information with visitation right to meet your daughter and even can pay the school directly . 

Mohammed Shahzad
Advocate, Delhi
15948 Answers
244 Consultations

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