Pavan Kumar Sandur (others) 20 June 2010

Child Custody Issues

Hi,

I have applied for RCR and Interim child custody (Dec 2009) after my wife deserted me, and multiple attempts to bring her back and trying to reconcile issues in the presence of elders failled( she was unhappy that I brought my aging parents home to live with me). My son was 5.5 years old then(July 2008).

The honourable court is still finding "merits" in allowing me to see my son (whom I have not see since Nov 2008), despite praying to the court of the time lapse.

My wife has changed 2 lawyers since Dec 2009 and yet to file a reply to my RCR and interim custody plaint.

During Nov 2008 I had submitted a letter to my son's school not to give away the school transfer certificate without my knowledge. However the TC was given to my wife without my knowledge in April 2009.

My wife took away my child to her parents home about 400 kms away from her matrimonial home.

My son has been admitted to a new school. I have found that my name is not mentioned as the father of the child, instead my brother-in-law's name appears as the gaurdian.

Further a letter has been submitted by my wife to the school stating that " Please donot allow my husband or any others to meet or even talk to my son as my husband may take away the child under false pretext and this will lead to great mental agony".

The school is neither allowing me to see my son nor is providing documentory evidence to support their action.Trying to see my son at my wife's house is out of question as both my wife and her mother are very quarrelsome characters.

The pricipal of the school is threatening to "kick my son out of the school" if I go to the school seeking any documents or to see my son.

I have come to know that my Brother in law (a software engineer) has written a software worth 1.5 to 2 lakhs for free to the school.

1) Will the addmission form without my name mentioned as father and the letter asking the school not to allow me to see my son, help in establishing cruelty by my wife towards me?

2) Is there no law in india to prevent such unilateral and high handed conduct by schools ( it is a DAV affiliate school)

3) Are there any laws by which I can get the documents ( getting the documents through court is the last option I want to take as this will make my wife and party aware of the errors commited and they may try to alter/destroy the documents).

Regards,

PaSa

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 June 2010

Your querry is answered in experts column.

Pavan Kumar Sandur (others) 01 July 2010

Sir,

I have gone thro the experts coloumn extensively.

There are no specific columns which answer my question.

No mention of any law regarding the role of indian schools or any guidance by the courts to schools in simmilar cases.

Obviously this is not a one off case or a rare legal situation.

There are hundreds/thousands of parents who have been denied access to their children by both the opposite spouse and schools.

Are there any precedents wherein, in any court of India, a case has been made of denial of access to children to one parent on the basis of a mere letter by the other parent, a guideline/s have been passed by the learned judges to schools as regards their (school's) responsibility/behaviour/attitude.

Please help.

PaSa