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Education for my five years old son

I wanted to find out best approach to ensure best education for my son.


Here are a few facts


We are married since Dec 2003 and living separately since Sept 2008.  My Son was born in Oct 2005, was 3 years since we started living separately and now going to be five soon.


I live in Bangalore while my wife lives in Muzaffarpur. As per my current information, they have admitted him in a neighborhood school in Muzaffarpur. I have sent several proposals to my wife/in laws to send my son so that I can get my bugger in one of the better school in Bangalore but without success.



People I have been talking are telling me that there are two options –



  1. File a petition in the court for custody of my son.
  2. File a petition in the court just for education( without custody) – Here, they are suggesting, that I can forward arguments for ensuring better education for the kid due to
    1. Bangalore having better educational infrastructure.
    2. My educational background( B, Tech and MBA from most prestigious schools of India). My wife is also well educated. She has a Bsc from Muzaffarpur and MBA correspondence.
    3. Since my son is going to be five soon, the best interest for my bugger is his studies.


Do you guys feel second approach has merit and can be pursued?


 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 August 2010

File a petition for custody of your son under the Guardian and Wards Act for the custody of your son on the above grounds.  In a petition for custody of a minor, the welfare of the minor is of paramount consideration. Prove that you can look after the child, his welfare in a better manner than your wife.

1 Like


1. I agree to advise of Ms Archana

2. The element of ever one single filed HCP is missing from your brief hence second approach may not be fruitful as "direct" relief approach.

3. From the briefs since 2005 the father has not made any "efforts"  to meet the child is pre-assumptions too why second approach as "direct" approach may not bring immidiate results. [Efforts here means any visitation till date awarded to you under HMA or S. 125 CrPC or even under DV Act ?]

At the end no jarm trying second approach.

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I met my son last year( November 2009) in school and I have a few snaps.  On another occasion, When I was in Muzaffarpur Along with my parents , I sent my representative to bring my son to meet us. But my in laws and my wife did not allow. the representative to bring him.  I have been talking to the bugger over the phone  all along in in his school..


Adv Archana Deshmukh (Practicing Advocate)     26 August 2010

File for custody of your child and file an application for visitation rights as an interim relief. Also mention in it  that your wife and in-laws do not let you meet your own child.



1. Still follow ld. Archana's advise by filing a Suit U/s 25 GWA read with S. 10 and 17 GWA along with binding precedent of Hon'ble SC in Laxmi Kant Pandey Vs. Union of India

2. Least you can ask Court to speed up the process (using binding precedent of Hon'ble SC in Laxmi Kant Pandey Vs. Union of India ) of interim custody (physical I mean) as per S. 12 read with S. 17 GWA.

Keep trying...........all the best. 

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I see that  the case Laxmi Kant Pandey Vs Union of India was realted to child adoption by the foreigner.

But text of the judgment  puts interest of the kid to be parmount. For Example when they said

'The nation's children are a supremely important assets. Their nurture and solicitude are our responsibility. Children's programme should find a prominent part in our national plans for the development of human resources, so that our children grow up to become robust citizens, physically fit, mentally alert and morally healthy, endowed with the skills and motivations needed by society. Equal opportunities for development to all children during the period of growth should be our aim, for this would serve our larger purpose of reducing inequality and ensuring social justice. '


Can I use the judgment ( for adotion) in my case( for custody)?


A very good observation. Youa re the second person here in LCI who exactly picked this point that I was trying to emphasise by repeatedly quoting this Citation : -?

Yes, "wordings" of SC Judgment are binding on all Trail Court and we are talking here of Muffarpur Trial Court man :-) I hope you got my point now.........Once again all the best. I am handling similar case (education of child related point not others) here in Delhi of one of my friend but in this case both son and father are Green Card Holders (American) and the top up here is that FIL is retired Judge of Ranchi Court ha ha !

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