MP High Court Directs School To Include Father's Name In Child's Records, Says Marital Dispute Can't Undermine His Parental Rights

The Madhya Pradesh High Court has directed Little Angels High School in Gwalior to update a child's school records to include the name of his biological father, observing that marital dispute between parents cannot undermine the parental rights of the biological father. The division bench of Justice Anand Pathak and Justice Anil Verma observed; "...school record would ultimately form the basis of record of other public documents like Passport, Aadhar Card, Pan Card, Bank Account etc. and parental rights of a biological father can not be undermined at the alter of dispute between the couple". A writ appeal was filed by the Father challenging the dismissal of his writ petition. Per the facts of the case, the petitioner is the biological father of a minor child studying in Little Angels High Court. He was earlier studying in a different school in Bengaluru. In Bengaluru, the petitioner's name was duly recorded in all the school records. However, due to marital dispute, the petitioner and his wife initiated a custody matter, and the petitioner was granted visitation rights along with the responsibility to bear the education costs of the child. The petitioner alleged that despite compliance with the order, the mother did not allow the petitioner to hold any meaningful contact with the child and also discovered that his name was omitted from the child's school records. The counsel appearing for the petitioner informed that the petitioner had issued notice to the State Authorities to issue directions to the school, but the school did not consider the said directions. The counsel for the mother argued that if the petitioner was given access to meet the child, he might embarrass as he had the habit of using filthy and abusive language. The bench first considered the issue of maintainability of the petition, noting that the Right to Education Act applies to all children aged 6-14, including students of unaided private schools. The bench further noted that the School and Education authorities were legally bound to maintain accurate records, including the names of parents or guardians. It observed; "Said rules again cast certain duties over appropriate government or the local authority. Maintenance of records of children by the local authority is one such duty prescribed... Similarly, school (respondents No.4 and 5) were also obliged under the RTE Act to maintain record of child in proper manner but failed to do so. Therefore, public law remedy is available in present case, writ petition against them is maintainable". The bench also highlighted that if the petitioner wanted to incorporate his name in school records and the school was bound to function in a particular manner as per the RTE Act, then it is the duty of the State to ensure compliance with the same. The bench holding the petition to be maintainable, held "If any authority or school does not comply the provisions, then only effective remedy is to file writ petition under Article 226 of the Constitution of India. No other effective remedy is available with the petitioner". The bench further emphasized the importance of school records, which ultimately form the basis of other public documents and therefore deserve the inclusion of the father's name in the records. The bench further highlighted that it was important for a child to carry his identity in a correct and proper manner. The bench observed;"Welfare of the child is of paramount consideration. Apex Court as well as this Court has reiterated this spirit time and again. Therefore, it is in the welfare of the child if he carries his identity in correct and proper manner. His identity owes the name of father as well as mother. This would develop him as a healthy child. Therefore, from this vantage point also inclusion of name of the petitioner in school record of his son is required". The court also considered the grievances of the mother, claiming that the father had a history of verbal and physical abuse, which would adversely affect the child. The bench thus directed; "Therefore, as per respondent No.6 the petitioner ought to be prohibited from directly communicating to the school staff or to the school teachers or to the Principal. Similarly, restrictions be imposed for not visiting the child at school or issuing instructions to the school authorities as well as no details be disclosed about the marital dispute of appellant and respondent No.6 to any of the school staff or any person related thereto including sharing of photographs or any kind of communication. It is further apprehended by respondent No.6 that school app has a feature for sending messages to staff. Appellant be prohibited from communicating or sending instructions". With the above directions, the bench allowed the appeal and directed the School to include the name of the petitioner in the school records. Case Title: Vickramh Kkalmady v State of Madhya Pradesh [Writ Appeal No.2559/2025]For Appellant: Advocates Smrati Sharma and Krati...

MP High Court Directs School To Include Father's Name In Child's Records, Says Marital Dispute Can't Undermine His Parental Rights

Jayanti Pahwa

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