The Karnataka High Court said that strained relations between the couples should not affect their child’s educational prospects.
Justice Krishna S Dixit thus allowed the petition filed by a mother and her 8-year old daughter, seeking directions to a school in Bengaluru to issue her transfer certificate.
Factual Background
Plea was instituted by the petitioner and her daughter wherein it was prayed to issue a transfer certificate. However, the plea was opposed by the school on the grounds that without the consent of the father TC cannot be issued. Further, it was added that unless the school dues are cleared TC cannot be considered.
The father of the child also opposed the plea, contending that the decision as to which school the child should be admitted when it is the case of a child of estranged parents, should not be the decision of one parent but of both with mutual consensus.
Observation of the Court
The bench going through the records stated,
“Respondent No.9, 10 and 11 are not justified in opposing the request for the issuance of the Transfer Certificate of the child who is now stated to be admitted in a school in Kolkata."
It was added,
“Because of estrangement between the parties, child’s educational prospects should not be affected by not issuing the TC”.
In the words of the Bench,
“Justice of the case warrants the issuance of the Transfer Certificate to facilitate educational career progression of the child, in matters like this, all agencies involved should coordinate and facilitate the same. The same is reflected under Section 5 of the Right of Children to free and compulsory Education Act, 2009”.
It was further added,
"The legal battle for custody, between the parents is stated to be still going on. What is being decided in this case is only the matter of Transfer of Certificate and not the child custody or visitation rights”.
Thus, the Court directed the authorities to adhere to the order, issue the Transfer Certificate and hand it to the mother in 10 days. Failing which, the school and principal each in their personal capacity will pay to the second petitioner Rs, 5000 for the delay faced each day, apart from the peril of contempt of Court.
Case Details
Before: Karnataka High Court
Case Title: Amrusha Das v. State of Karnataka
Coram: Hon’ble Mr Justice Krishna Dixit
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