Child's Educational Prospects Should Not Be Affected By Estrangement Between Parents: Karnataka High Court

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.

The plea was opposed by the Sorsfort International School on the grounds that without the consent of the father TC cannot be issued. Further, unless school dues are cleared, the request for issuance of TC cannot be considered. Since the child is now in Kolkata and attending the school online, therefore, there is no reason for shifting it to another school.

The father of the child also opposed the plea, contending that to which school a child of the estranged parents should be admitted, has to be a matter of consensus between them and that one of the parents cannot take such a decision unilaterally.

The bench on going through the records said "The respondent Nos. 9, 10 (School) & 11 (father) are not justified in opposing the request for the issuance of Transfer Certificate of the child who is now stated to be admitted to a school in Kolkata."

It added "Because of estrangement between the parents, child's educational prospects should not be affected by not issuing the TC."

The court also junked the contention of the father that selection of school for the child of estranged parents, has to be a matter of consensus between them and that one of the parents cannot take such a decision unilaterally.

The bench said "This cannot be countenanced as a thumb rule. Child is as yet a minor and it is a female, admittedly it is in the exclusive custody of the 2nd petitioner mother. Ordinarily, law favours custody of minor daughters being with the mothers, needs no elaboration."

It 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 Certificate and not the child custody or visitation rights."

The court then opined "Justice of the case warrants the issuance of Transfer Certificate to facilitate educational career progression of the child; in matters like this all agencies involved should coordinate and facilitate the same. This is reflected in the provisions of Sec.5 of the Right of Children to free and compulsory Education Act, 2009."

Accordingly the court directed the authorities to cause issuance of Transfer Certificate by the respondent nos. 9 & 10- School and hand it to the mother within ten days. Failing which the school and principal each shall pay to the second petitioner Rs.5,000 for the delay brooked each day, apart from running the risk of contempt of court.

Case Title: AMRUSHA DAS V. STATE OF KARNATAKA

Case No: WRIT PETITION NO.19057 OF 2021

Citation: 2022 LiveLaw (Kar) 26

Date of Order: 13TH DAY OF JANUARY, 2022

Appearance: Advocate SWAROOP SRINIVAS for petitioner; Advocate VINOD KUMAR, FOR R1-R3; Advocate VIDYULATHA, FOR R4; ASG SHANTHI BHUSHAN FOR R5-R8; Advocate M P SRIKANTH, FOR R9 & R10; Advocate SHYAM SUNDAR H V, for R11

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