BHANSALI PRIYANKA RAMNIVAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made and started residing with him. During the marital wedlock, the petitioner gave birth to three children; two daughters and one son. When the petitioner and respondent No. 7 returnable forthwith. By Consent of parties, taken up for final hearing. At the request of Shri. Bajaj, Adv. deletion of respondent No. 6 is permitted.

(2.) The petitioner and the respondent no. 7 are wife and husband respectively. The petitioner and respondent No. 7 got married on 3rd February, 1991. It is the case of the petitioner that after the marriage, the respondent no. 7 started ill-treating the petitioner. The petitioner, as such, left the company of respondent No. 7 and started residing at her parents house. On pursuation from the relatives and the well-wishers, the petitioner again joined the company of the respondent No. 7 where staying together at Beed, the tree children were admitted in respondent No. 5 school, by name, st. Ann's School, Jalna Road, Beed. As the relations of the petitioner and the respondent no. 7 were strained, the petitioner, some time in may, 2005, left the residence of respondent No. 7 and shifted along with the children to her parent's place i. e. at Shirur, District Pune and since then, till date, the petitioner alongwith her children is residing at Shirur. When the academic session 2005-06 commenced in June, the petitioner admitted her three children in respondent No. 6 School i. e. Rasiklal manikchand Dhariwal School at Shirur. The children are parking education in the said school and one term is already over by Diwali. The second term of the school has commenced.

(3.) Under the Bombay Primary education Act and Rules made thereunder, a student can only provisionally be admitted to a school, on his failure to produce the Transfer certificate. As the children of the petitioner were not granted permanent admission and were provisionally admitted, subject to the submission of School Leaving/transfer certificate, the petitioner applied to the Principal of the respondent No. 5 school for grant of the transfer Certificate. The 5th respondent was also informed that the children have taken admission in a school at Shirur and hence, a prayer was made for grant of Transfer certificate. When the respondent No. 5 intimated the respondent No. 7 about the application received from the petitioner, claiming Transfer Certificate of the 3 children, the respondent No. 7 objected to the issuance of the Transfer Certificate and insisted that he being the father of the children, Transfer certificate cannot be issued at the request of the mother.