Court Overrules Father's Plea, Upholds Child's Right to Transfer Certificate

The Delhi High Court directed a private school to issue a transfer certificate to a student, dismissing the father's objections amidst a matrimonial dispute. The court emphasized the importance of the child's welfare and compliance with the Right of Children to Free and Compulsory Education Act.

Court Overrules Father's Plea, Upholds Child's Right to Transfer Certificate
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  • India

The Delhi High Court has instructed a private school to issue a transfer certificate to a student, overriding the father's objections linked to a matrimonial dispute. The court stressed that the child's welfare should remain paramount, and cited the Right of Children to Free and Compulsory Education Act that mandates schools must comply with transfer requests.

Justice Vikas Mahajan stated that delaying or refusing the issuance of a transfer certificate could lead to disciplinary actions against school authorities. The mother's request for transferring her child to another school in Gurugram was initially blocked by the father's stance, despite no judicial orders supporting this block.

Ultimately, the court ruled that the school must issue the transfer certificate within a week. It noted that if the school had grievances with the ruling, they could seek a review. This decision reinforces the priority of a child's educational continuity over parental disputes.

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