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Suraj Kumar (Manager)     08 October 2023

Denial of fundamental right of child

I have filled custody case for my son aged about seven years old. My opposite party ( son's mother) refuses to admit the child to any school. My opposite party has submitted before court that my son is studying in a reputed schools. The school authorities has provide documents that my son was came to school for one / two day on 2022. And due to absence the child's name is stuck out from school. 

I have submitted the documents before additional district judge. Thereafter my opposite party praying time & time before court.

By this way another academic year is lost for my son due to indecision of court. My advocate pray for pass any  order to court.

The judge said that it is not urgent matter. 

Can anybody keep my son out of child's fundamental right ? In spite of mentioning that my son's future is destroyed by act opposite party, the judge refused to pass any order.

Can any court refuses fundamental right of education?

Please help me.

 

 

 



Learning

 2 Replies

Dr. J C Vashista (Advocate )     09 October 2023

You can move to High Court under Article 227 of the Constitution for a writ of mandamus to the Trial Court for urgent  hearing and deciding the case on time bound manner.

Since the matter is sub-judiced and you have already engaged an able, competent and intelligent lawyer, who is well aware about facts and circumstances of the case, it would be appropriate to contact him / her (your lawyer).

 However, if you are not satisfied with performance or behaviour or lost faith in your lawyer you should change him/her immediately

Suraj Kumar (Manager)     12 October 2023

Thanks for wise advise.


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