Delhi HC asks school to issue transfer certificate for child of warring parents

New Delhi, The Delhi High Court has directed a private school to issue transfer certificate to a student in spite of his father's plea against it owing to the pending matrimonial dispute with his estranged wife.

Justice Vikas Mahajan said the child's interest was of paramount consideration in a matrimonial or guardianship dispute and under the Right of Children to Free and Compulsory Education Act, the school could not deny the transfer certificate.

"A perusal of the provision clearly shows that the same mandates that the school cannot deny the issuance of Transfer Certificate to the child who has sought admission in other school. In the event of delay in issuance of Transfer Certificate, even a disciplinary action can be taken against the Head-Master or In-Charge of the school," said the court in an order passed on April 30.

The court added, "Needless to say that in a matrimonial or guardianship dispute, it is the interest of the child which is of paramount consideration."

The petitioner child submitted her mother separated from his father in April 2024 when she was studying in Class 2 at a private school in Ashok Vihar area.

The mother subsequently got him admitted to a school in Gurugram but the previous school declined to issue a transfer certificate owing to the father's stand.

The court said there was no order or direction passed by the family court either in the guardianship petition or in the divorce petition with respect to the non-issuance of the transfer certificate.

"The petition is disposed of directing the respondent to issue the transfer certificate to the petitioner within a period of one week from the date of receipt of copy of this order," the court ordered.

If the school was aggrieved with the present order, it was free to file an application to seek revival of the petition, it added.

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