IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16844 of 2010(E)
1. SNAKHA,AGED 14 YEARS,
... Petitioner
2. SIDHARTH, AGED 11 YEARS, S/O.MANJU,
Vs
1. THE CENTRAL BOARD OF SECONDARY
... Respondent
2. THE PRINCIPAL
3. K.BABU.S/O.KRISHNAN,
For Petitioner :SRI.B.PRAMOD
For Respondent :SRI.P.K.VIJAYAMOHANAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :07/06/2010
O R D E R
S.S.SIRI JAGAN, J.
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W.P(C) No.16844 OF 2010
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Dated this the 7th day of June, 2010
JUDGMENT
Petitioners are the children of an estranged couple. The
petitioners are represented in this writ petition by their mother.
Mother is residing at Chengannur after the separation from the
father. The children are presently enrolled in the Sree Narayana
Central School, Chirakkadavu, Kayamkulam. The children are in
the custody of the mother. The mother is residing at
Chengannur. She cannot come to Kayamkulam because she is
estranged from her husband who lives at Kayamkulam.
Therefore, the children need a transfer to a school nearer to the
house of the mother. When the mother approached the second
respondent for a T.C for that purpose, the second respondent
informed the mother that without the consent of the father, who
is the third respondent herein, T.C. cannot be issued to the
children. It is under the above circumstances, petitioners have
approached this court seeking the following reliefs.
i. issue a writ of mandamus or any other appropriate
writ order or direction commanding the second
respondent to issue Transfer Certificates (T.Cs) to
W.P(C) No.16844 OF 2010 2
the petitioners at the earliest.
ii. Issue any appropriate writ or mandamus or
any other writ order or direction commanding
the first respondent to take necessary action
against the second respondent and the school
concerned for violating CBSE examination by-
laws.
Iii. Grant such other reliefs as this Hon’ble
Court deems fit and proper.
2. Counter affidavits have been filed by the second
respondent and the third respondent. The second
respondent would take the contention that without the
consent of the guardian of the children, namely father,
Transfer Certificates cannot be issued to the children. The
third respondent has taken several contentions which I do
not propose to record in this writ petition, since the same
may not be conducive to the welfare of the children.
Suffice to say that the third respondent does not agree
with the requests for Transfer Certificates of the children
from the present school.
3. I have considered the rival contentions in detail.
This court should naturally be interested in the welfare of
the children than the dispute between the parents. The
W.P(C) No.16844 OF 2010 3
welfare of the children lies in continuance of their education
uninterruptedly. Presently they are in the custody of the
mother at Chengannur. It may not be possible for the
mother to get the children educated in the second
respondent school at Kayamkulam. Despite the objections
raised by the third respondent, he does not dispute the fact
that the custody of the children is with the mother and that
he has not taken any steps before the appropriate
authorities for getting custody of the children. That being
so, I am satisfied that the dispute between the mother and
the father should not stand in the way of continuance of
the education of the petitioners, which can presently only
be at Chengannur, since the mother who has the custody
of the children is residing at Chengannur. Therefore,
notwithstanding the objections raised by the third
respondent, in the interests of the welfare of the children, I
direct the second respondent to issue Transfer Certificates
to the petitioners as requested for as expeditiously as
possible, at any rate, within one week from the date of
W.P(C) No.16844 OF 2010 4
receipt of a copy of this judgment. The mother shall file
applications before the second respondent for Transfer
Certificates in the prescribed form along with a copy of this
judgment.
The writ petition is disposed of as above.
S.SIRI JAGAN, JUDGE
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