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Never Give Up (Fighter)     24 June 2012

Kids school admission for separated couple

Hello Experts,

I need your suggestion in particular situation. I am sure there would be many more fellow members who are suffering from this issue.

I have been separated from wife since 3 years and kid is now at the age of getting into school.There are 498A, DV and Child custody (filed by me, a husband) case between us.

There are almost no chances of cohabitating together.

In this situation how can we direct wife to put kid on particular school ? How can we prevent wife, if she is putting kid in  not so good school ? I would request answer on legal front as mediation / mutual meetings have been failing since last 3 years due to adamant nature of wife.I expect that she would not agree on any of my suggestion even for kid and kid's future.

Please share your thoughts on this situation.




 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 June 2012

When you have already filed custody case, if the wife have admitted the child in a school which is of a poor standard then try obtaining directions from the court in which you have filed the case.. Ultimately the welfare of the child is of paramount consideration, so the court may consider your application if you suggest some other good schools in which the child can be conviniently admitted in which the child will get better education and extra carricular activities for his better all round development.

1 Like

Tajobsindia (Senior Partner )     25 June 2012

@ Author,

In such case file an IA R/w S. 151 CPC with prayer ot dispose it either way before other matters comes before the concerned Court by stating few names along with admission deadline dates / forms of such schools from your side with assurance to Court to bear complete educational expenses voluntarily showing better all round development of a child and a father's concern who is seeking custody of his child.

Now here what will happen is that wife will come with two facts; one that she will bring her own list of schools or two she will simply say that the child is already admitted in a school and doing fine!

Now that is the catch here, it will now be your turn to argue vehemently then and there to put child in the school which you find better and state all the better reasons and also give  assurance to Court that given shortest time I will ensure child admission in the school which I and pleading before you for the child to be admitted !.

By saying so the court will be further put in a square box situation in terms of allowing remedy or giving its own reason to dissallow so and to wriggle out from box like situation now Court will say sorry the child is already in a school so now what you want?. At that moment seek all sorts of PTM to extra curricular activities visits to schools, home work assistance each day 1 hr.  and meeting with class teacher / principal etc. rights will suffice show causing your concern for keeping tab of child education and supplement it with voluntarily bearing school educational fees directly with the school on and or before the due date with copy of tuition fees met given to mother of the child.

in a situation where mother brings her own list or lack of any to court on your IA it will be your best speech on merits of a particular school with edu. Expenses + PTM etc. that I wrote above will make way for you to come up with some magic and get the child admitted in a school of your choice. But all these should be genuine concern not one gunmanship frivolity mind it just to settle some score with custodial parent which Court will find out during forced argument son your this IA (Interlocutory Application).  

Your main purpose of seeing child getting education as well as you bearing edu. expenses will be solved in one shot (if already not got as some relief via some other IA) and Court will also feel back of its mind that father has real concern and simultaneously diffuse either of the above two biased 'cause of action' situation that impromptu arise in custody matters and equally well countered by both parents.

Ultimately what happens here is that a child is admitted in a school at right age plus a non-custodial father is able to meet his child at school on due dates plus he is in control over edu. expenses of the child which has colly. bearing as detailed in S. 17 of GWA – welfare of child to your custody suit.


Also always follow below illustration in any nature of judicial situations;


2 Like

Never Give Up (Fighter)     25 June 2012


Thank you very much for your response. Kid is not going to any school as of now.

@Tajobsindia Sirjee,

Thank you Very much for your response. My query was posted, in keeping the child's best interest in to mind. No armtwisting or no ego things. Also i am genuienly interested in over all development of kid, dont mind paying end to end expense for the kid,its my responsibility.

And yes I believe in Never Give up. :-)

Praveen   02 July 2024

Please call me 498a  Member or mail me seven eight nine three four two siz seven six eight

Muhammad Ayyub (Lawyer)     02 July 2024

You can file a petition in family court to decide your child should attend which school. You need evidence to show why your option school is better for the child's future, like education standards and facilities. You can also request the court to appoint a neutral person to investigate and recommend which is best. Provide If you have any proof that your wife chosen school was worse and not better than yours.

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