Kamal (XYZ) 26 August 2014

Wife wanted to give the share of school donation of kid

My wife left me one and half year ago and now residing with her parents. My 5 year daughter also with her. I sent her a legal notice few months back. In return she filed a maintenance case against me. Later I filed child custody and RCR. I have attended two counseling sessions. My wife came with bills of school admission of my kid. She says that paid Rs. 40000 donation to get admission for kid. I checked the bill in front of the counselor. Admission fee bills are small amount. I found that a separate bill of Rs. 40000, divided under various heads of expenses (e.g. computer lab fee Rs. 15000). I requested counselor that I am a junior level government servant and no high income to send kid such schools charging high donation and fees. I mentioned that lot of good standard Government aided schools near the house of my wife. Why not try to get admission for kid there. Counselor says that I have to give my wife half of the donation amount. But case transferred to another court (near wife workplace). Now waiting to start the case in new court.

Receiving donation at the time of admission is illegal and punishable? Why court encourage high amount of donation to schools? I am ready to give the maintenance of my kid. How can I defend against giving share of donation money to wife?

Reply Follow

4 Replies

Tajobsindia (Senior Partner ) 26 August 2014

1. The donation amount is unusually high given that the minor is 5 years old !

2. Wait for proceedings to re-start in transferred Court and it is possible that, the new Court will again send parties for re-conciliation. There stick to same facts of unusual high donation and your inability citing maintenance is based on standard of living of spouses and not largesse of Court and or that of Counselor and since Corruption is endemic you discourage such practice under protest being your values and principles in life. Children pick such values from their natural parents and same you want to imbibe in your child. Also ask mother of child to bring on official Letter Head of the school donation amount payable for 5 years old child’s admission for Court proceeding purposes. The moment you seek such verification which any parent does even in normal circumstances the mother of child – her side of legal luminaries will retreat back present persistent pressing on meeting donation amount too by you.

3. No Counselor - Court of Law will encourage 'donation - capitation fee' which are all strictly banned as per Law ref.: T.M.A.Pai Foundation & Ors vs State Of Karnataka & Ors. [(2003) 6 SCC 697] is one such serious case of hyper constitutionalism. It sustains still in law reports not for its ethos, values or constitutionalism, but because of its unbreakable numbers (7 Judges of Apex Court sat on this Judgment) on the Bench. I was informed that the then Justice Balakrishnan wanted to reconsider TMA Pai, but a larger Bench of 13 Judges would have caused closing down of half of Supreme Court for months and he restrained from doing so. Ask Counselor to reads para 68 of this hyper Judgment of Apex Court and also request ld. Judge who would be passing maintenance case to re-visit the master Judgment ever from Apex Court.

PS:

If you want to contest and want to stick to your stand then do it fairly and squarely, but, not just because she is asking 40 K and it is beyond your budget so some weak defense you are murmuring before Counselor or ld. Judge. Put landmark case Laws of Apex Court on ‘NO Donation - No capitation Fees’ for student admissions before Counselor / ld. Judge. Let ld. Judge pass order on 'pay donation fees too' he will lose his Chair if matter is complained before a Vigilance Judge make sure of all these are also followed otherwise it will be simple time pass by a natural father in his contest for child visitation-custody.

[Last reply]

stanley (Freedom) 26 August 2014

1. wait for the trial to start .

2. you have not stated how exactly the donation of Rs 40,000 has been divided except for one instance that is computer lab fee . Maybe i am wrong but as far as i know initially a child upto nine months feeds on the mothers milk than learns to crawl and the initial steps of learning to walk after.The child at the age of 3.5 to 4 yrs starts learning ABCD at kinder garden school . In the next year they visualise pictures of animals fruits and learn the same etc.Its astonishing that school has charged you computer lab fees ROTFL .

3. Summon the school principal to court on the pretex that your wife has stated that the school authorities have accepted a donation of Rs 40,000 .Once this gets into process wife side and her lawyers will back out, since a school would not like to be dragged in a legal dispute over acceptance of donation :-).

4. Cross exam the prinicpal of the school under the various head that they have accepted this donation. . Even the court of law or any judge cant order you to pay of meet even half of the donation charges .since there is no law as of date which states that corruption is acceptable .

5. But beware that you would be at the receiving end as harassment for child may start and you may have to look out for another school for your child .

Kamal (XYZ) 27 August 2014

Thank you sir. I got good insight into the issue with the help of your wise advise.

My kid joined standard 1. A separate bill for donation amount. Bill does not mention donation anywhere. But Rs. 40000 divided into various items in that bill. I still remember computer lab fee, library fee etc.

Anyway, next court session I will question about it. Can I request the counselor to give copy of that bill?

Regards,

Kamal

T. Kalaiselvan, Advocate (Advocate) 30 August 2014

Is your query about paying the bill or paying the maintenance or asking for custody. Decide your query and approach this forum for legal issues alone and not all sundry issues.