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G.SAM.KUMAR (SERVICE )     06 May 2011

what legal action can be taken

i have been living separately from my wife since last 2 months.  but not divorced,  she is staying in my in laws house with my son he is 4 years old, i have admited my son to school, for which i have been paying the all the fees, admission charges etc,  i have admited my son to school by producing kolkata muncipal corporation birth certificate , by hindu name,,,

since i am not staying with her , she had contacted my sons pricipal and asked to change the name of my son by producing church certificate, 

what action can be taken ? 

since i want my son to study in the same school,  i would like to pay the schoo; fees etc every month . 

what is the remedy since she is trying to change my sons name? 

in case iff she stops sending my son to school what action can be taken legaly,? i want him to continue in the same school.

what iff she denies the school fees from me. and would like to pay by her self? 

is their any legal action can be taken to protect my sons futute with regsrd to study? 

but we not diversed ate,,,

plz suggest ...

 

can i ask for  court order to protect my sons interest ,,,



Learning

 5 Replies

Tajobsindia (Senior Partner )     06 May 2011

@ Author

1
. Societal suggestion in such cases is to fix up a neutral person known to both of you to talk to madam about your aprehension on name change of both of your son.


2. It seems you are not keen on divorce nor she is ! But, amicably you have agreed to protect education expenses including admission in an appropriate school for son. If this is right essence out of your brief then the safest you can do is to put an Application before same school saying a child follows religion of natural father and religion of child can never be changed as per Law of the land. Take a receiving of this letter from the school and tell them not to change the name also since parents can't enter into legal modalities on behalf of a child till the child is major as per Law and any such mischief done and acknowledged by school will receive strict writ direction from Court of Law.

Hence in sum total the school authorities can't change name of child once a Birth Certificate is produced by either of the guardian first time and is material records of the admission and second religion of child can't be changed till majority age and Law is on your side as you got the admission of the child done by producting Municipal Birth Certificate.


Once you follow above and succeed then no need to come back here and in case you do not succeed in following above suggestion come back will guide you with Legal angle what to do next safely.

2 Like

G.SAM.KUMAR (SERVICE )     06 May 2011

thank you, 

 

lets see

Adv B.B.Gambhir #9814820602 (advocate)     06 May 2011

a new act right to education has been passed in parliament last year since then this act is implemented. your wife can not restrained your child to get education. moreover as the divorce has not been taken so far so your wife alone can not change the name of your son without your consent.

G.SAM.KUMAR (SERVICE )     07 May 2011

ANY OTHER REMEDIES. SUGGESTION

shiv shiv shiv (unemployed)     09 May 2011

author is right


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