The Madras High Court Bench here has come to the aid of a woman who could not obtain the transfer certificate, conduct certificate and community certificate of her two children from their schools due to a domestic dispute with her husband.
Disposing of a writ petition filed by the woman, the judge directed a private primary school in which her son was studying and a government higher secondary school in which her daughter was studying to issue the certificates if the petitioner appears in person along with the children.
The judge agreed with petitioner's counsel that the schools were bound to issue the certificates on receipt of a written application by the parents or guardians. In the present case, the petitioner has the custody of the children at present. Stating that any person having custody of the children would fall under the definition of the term ‘guardian' under the Guardian and Wards Act, she claimed the right to receive the certificates. However, the schools did not respond to her plea and hence the present case. The petitioner said that she was in dire need of the certificates because she had decided to separate with her husband and migrate to Tiruchi along with her children. She sought for a direction to issue duplicate certificates to her if the originals had already been given to the children's father.
Replying to the writ petition, a Special Government Pleader said that the school authorities had no objection to issuing the certificates provided the petitioner proved that the children were in her custody and not with their father.
