LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sunil Kumar (Social Work)     28 March 2022

Single mother status validity and rights of father and child

I have a situation like this:


1. Me and my wife lived together for 10 years with 6 years only son. it should be noted that we had a normal marriage life quarrels. She was not happy of my decision to leave the high earning job from MNC and start a startup. Though I was managing all financial burdens myself like EMIs for Home, Car, Rent, Bills and only burden on her was to look after the food expenses. She was earning 12k pm as a teacher.

2. One day, my wife returned to her matrimonial house with our only minor son without informing me when I was not in the city. 

3. There was no discussion, no mention, no warning, no threat etc but she left the home by dropping me a mobile SMS.

4. In her matrimonial home she admitted my son into a private school. She submitted a affidavit in the school that she is a single mother. 

5. She restrained the school to enter the father's name in the books of school.

6. Years later, through court, I came to know where my son is studying.

7. I tried to contact the school but every time they told me that this child has no mention of father's name.

8. I contacted them through phone, WhatsApp, email etc.

9. At last, I went to the school and then they disclosed me about the affidavits story. And they told they can not enter my name as per her declaration. 

10. My Wife has filed petitions in family court for i) Maintenance for her and son ii) Guardianship iii) Divorce but none has been decree.

11. Now she has withdrawn my son from the school and even the TC has "NA" in place of father's name.


1. Is she qualified as single mother?

2. What shall I do to put my name/father's name in the records of school and the TC?



 2 Replies

Anish Thakur 7018812737 (advocate)     29 March 2022

simply produce family registr and birth certificate of the son in which as a father name you are entered. try to get copy of that affidavit from school if they didnt give you get it through RTI. file petition for mandatory injunction in court to enter name of father in school documents.

P. Venu (Advocate)     13 April 2022

Now that the matter is before the court, work out remedies through the Court. Your priority ought to be securing visitation rights to the child.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query