1) You are entitled to school access to ypour child as you are the biological father of child
2) inform your wife that you will stop paying school fees if she refuses to permit you accerss
3)lety her take legal proceedings
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 access and information about school she is denying by saying school policy doesn’t allow access to two parents. I visited the school and got common access for me and paid the fees also through the application. One week she dint do anything but suddenly she went and changed the password in the school by claiming that she has filed for divorce and my daughter is with her and she is a single mother and I should not get any access and since visitation is allowed I should not interfere in any other information about my daughter. Also she is claiming it as school policy . My daughter is 8 years old. And she is sending mails about legal actions against me if I try to get access again. Should I again visit the school and get a separate access for me and can the school deny access believing her statement. Is there any legal provision/ sections under which I can go to court and get any orders based on this. There is no restraining order or anything of that sorts against me. Please enlighten on this matter.
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1) You are entitled to school access to ypour child as you are the biological father of child
2) inform your wife that you will stop paying school fees if she refuses to permit you accerss
3)lety her take legal proceedings
Mere filing of divorce does not make your wife the only legal parent for school matters. As a Hindu father, you remain a natural guardian, and the Family Court can pass interim orders for the child’s welfare and access.
In your pending GWOP, move an interim application asking for separate school access/login, report cards, PTM notices, fee details, and an order restraining unilateral blocking by the mother; this can be sought under the guardianship proceedings itself.
The school may act cautiously in a dispute, but the safest and quickest solution is a specific Family Court direction to the school and the mother.
You can seek order from court seeking access and other rights as you are paying fees for the daughter. She can’t deny the same to you as you are her father and custody is not a sole custody with her
Firstly you should not pay the school fees without a court order. Your wife cannot force you to pay without approaching court for relief.
If you want to access your child you can approach school authorities with a request letter stating that your wife is lying and there's no divorce case pending or filed.
If the school authorities deny access to your daughter you can approach court with an application to this effect and get an order in this regard.
You can and should visit the school again to demand separate access, as there is no valid school policy that can permanently exclude a biological father. The school's acceptance of your wife's "single mother" claim is legally flawed because, as per the Madhya Pradesh High Court, a "matrimonial dispute does not permit a mother to exclude the father's name in school records," and the school is duty-bound to maintain accurate records under the Right to Education (RTE) Act, 2009 . Since there is no court order granting her sole custody, she cannot unilaterally sever your rights . Legally, you are fully entitled to move the Family Court in your pending GWOP (Guardianship and Wardship proceedings) seeking specific interim orders for school access, report cards, and a restraint against the mother from blocking your login . You can cite the RTE Act, which mandates schools to maintain parent details, to compel the school to cooperate, as a writ petition is maintainable against a private school for violating these statutory duties . Do not stop paying fees, but consider paying directly via demand draft to create a paper trail.
At the outset, it is important to clarify that you continue to remain a natural guardian of your minor daughter along with the mother. In the absence of any restraining order passed by a competent court, your rights as a father to participate in your child’s upbringing—including access to her educational records, school activities, and academic progress—remain intact. Merely because the child is presently residing with the mother or that a divorce petition has been filed does not extinguish or dilute your parental rights.
The conduct of the mother in unilaterally changing school credentials, denying you access, and misrepresenting herself as a “single parent” to the school is legally unsustainable. Such actions amount to obstruction of your lawful parental involvement and may be viewed adversely by the court, especially considering that you have been consistently paying school fees and actively participating in your daughter’s education.
The position taken that “school policy” does not permit access to both parents is not legally tenable. No internal policy of a school can override statutory parental rights, particularly in the absence of any court direction restricting one parent. Schools are expected to act neutrally and in the best interest of the child, which ordinarily includes facilitating involvement of both parents.
In the circumstances, you are well within your rights to formally approach the school and seek independent access to your child’s academic records and school application. You should submit a written representation along with relevant documents such as proof of parentage, details of ongoing court proceedings, and proof of payment of school fees. The school is not justified in denying such access solely on the basis of unilateral communication from the mother.
Simultaneously, it is advisable to seek appropriate relief from the Family Court in your pending guardianship proceedings under the Guardians and Wards Act, 1890. You may file an application seeking specific directions to the mother not to obstruct your access to school-related information and to the school to provide you independent access. You may also seek structured parental involvement rights, including regular updates from the school and participation in academic matters.
The threatening emails sent to you do not have any legal force in themselves and do not restrict your lawful rights unless backed by a court order. However, it is advisable to maintain a calm and documented approach in all communications.
In conclusion, your rights as a parent are legally protected, and the present denial of access is not sustainable. You should assert your rights both administratively before the school and legally before the Family Court to ensure continued involvement in your child’s education and welfare.
Dear Sir,
You are suggested to file an application/case for contempt of the court for violating the mutual consent visitation rights and access to app for paying school fee and also a case for defamation being declaring her as a single mother since you are ready to accept her as a wife through your section 9 HMA petition.
Dear Client,
Your daughter is 8 so the courts will treat this as a child welfare issue. In a Hindu marriage matter, Section 26 of the Hindu Marriage Act lets the court pass orders about the child’s welfare, custody and maintenance. Section 12 of the Guardians and Wards Act lets the court make interim orders for the child’s custody and protection which shall be based on the welfare of the child. The school should not be treated as the final judge between you and your wife. It is suggested to obtain a specific court direction in the matter. You may consider filing an interim application in the existing GWOP asking the court to direct that you have shared access to the child’s school app and records and that the access cannot be blocked by anyone. If your restitution is still pending, your lawyer can also rely on Section 26 HMA for orders about child’s education and access. You can make a written request through your lawyer to seek impediment of the school if needed and pass interim orders. I hope this helps. In case of queries, feel free to reach out to us.
Thank You.