Child custody
Querist :
Anonymous
(Querist) 29 June 2024
This query is : Resolved
Respected Sir,
I have applied for custody ( interim custody, visitation right, pernanent custody) of my seven + year old son before court on 2021. Opposite party submitted that my son very excellent in sudy and going to school.
I inquired the matter & as per school attendance record my son was absent for more than eight months without any reason. Photocopy of the attendance record is submitted before the court for consideration.
After consideration, the Judge verbally said that it is not necessary to go to school for every child. My advocate repetatedly prayed to pass any written order for school admiision / visitation / interim custody, but the judge refused to pass any order. The judge further says that my opposite party's advocate is very close friend of him.
Seeing no other ways, I move before high court, wherein high court directed to dispose all interim matter within two months. After receipt of high court order the judge didnot hear anything and fix next date after 50 days.
In the meantime I admit my son to very prestigious school ( P. M. Shree Kendriya Vidyalaya). I have given school fees, dress, books, etc to my son. My son went to the said school for a few days but did not perform home task given by school. Thereafter my opposite party refused to send my son said school by saying central governmennt schools are worst.
I presume my son might be admitted to ordinary local school. My opposite part just want to destroy future of my son by not sending best school. I have heared that courts are always directing to admission in best school.
1) It it necessary to file again another written prayer sending to school ?
2) Can court refuse sending child to central government school ?
3) Since the court is not at all interested to hear the matter, I am afraid that the court may pass order against welfare of child. Can I pray for psychological & education evaluation with respect to age of my son ?
Querist :
Anonymous
(Querist) 29 June 2024
Respected Sir,
I aave admitted my son in a central goverment school (for welfare) wherein school authority allowed my son's admission. Has disrtict court have any power pass order against such admission which is allowed by central government authorities ?
T. Kalaiselvan, Advocate
(Expert) 29 June 2024
If the other parent is not inclined to send the child to school then you can protest the same, but if the child is not showing any interest in continuing the studies, in that case court cannot compel the child to go to school against its willingness. The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21a of the Indian Constitution
however the right to education is available only if the child has been denied to pursue the education by the institution.
If the trial court is not in your favor then you cannot claim it as your right, you have approached court, if the decision aggrieves you then you can always approach appellate court for remedy
