Gujarat High Court has ruled that when a couple (husband & wife) are contesting the custody of their child right after their separation, the husband can’t be stopped from attending his child’s Parents Teacher Meeting (PTM) in the school.
Justice Umesh Trivedi ruled while setting aside an appeal filed by the wife challenging an order issued by the Family Court which permitted the husband to attend the PTM in the school of his son.
However, the court warned that the man should not bring up the matrimonial dispute during the meetings, along with directing the wife to give the complete PTM schedule detail. Justice Trivedi also observed, “At any rate, according to his submission, even the father being a natural guardian has to be permitted to participate in the educational activities of the child as also the Parents Teacher Meeting and therefore, cannot be deprived of attending the same being a natural guardian.”
In the case, a husband and wife had been separated and the man had filed an application before the Family court to get custody of son in 2017. At the time, his son was two years old. Later in 2019, he filed an application seeking visitation rights and it was granted by the court.
Sometime later, he got to know that his son was admitted to school but his wife refused to reveal any detail to him. Therefore, he filed another application seeking an order from the court that the wife be ordered to share the details of the school of his child. Moreover, he should also be allowed to attend the PTM held in the school. The Court allowed it too.
Around a year later to the order, the wife assailed it in the High Court on the ground that the lower court granted the order without assigning any firm reason. Earlier before the family court order, the same issue had reached the high court that didn’t grant any relief to the husband. Therefore, a lower can’t grant relief after the HC order.
While, on the other hand, the advocate of the husband Anuj Trivedi submitted that the wife hadn’t protested the application filed by the husband orally or in written submissions. Thus, she hasn’t any right to assail the order before the HC. At any rate, even a father being a natural guardian of his children has to be permitted to participate in the education activities of the child as well as the PTM and so, he cannot be kept away from attending such educational events that are needed to be held at a child’s school, being a natural guardian.
Source: https://ahmedabadmirror.com/if-couple-contesting-custody-of-child/81839067.html
