• My niece admission in nursery school

My sister has been married for six years, but due to mental cruelty from her husband and mother-in-law, she has been living with us for the last six months. This isn't the first time her husband and mother-in-law have behaved this way. Because of this, we have decided that she will not live with her husband anymore. My sister has two daughters, one is 3.5 years old and the other is 1.5 years old. The husband is not taking any responsibility for his daughters, so we are paying for their expenses. Now that my niece is 3.5 years old, we want to enroll her to nursery school. Can my sister enroll her daughter in school without the father? Should we include the father's name on the admission form?,school is asking for birth certificate and two photographs of parents
Asked 8 months ago in Family Law
Religion: Hindu

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6 Answers

1)you should mention biological father name in admission form 

 

2) submit affidavit that you are separated from husband 

 

3) submit birth certificate sought by school and photographs 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

- As per law, her husband is under obligation to maintain his wife and daughters , and hence your sister can file a  petition under section 125CrPc for getting maintenance 

- If there is no divorce , then the school may ask the details of both natural guardians for admitting her in the school 

- Hence a divorce decree is mandatory for enrolling her daughter in school without fathers name, and only living separate is not a ground for removal of the name of father. 

- Further, after getting divorce, your sister can enroll the daughter in her name only and the school cannot ask for fathers name .

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

There's no infirmity in providing the information about the child to the school authorities. 

You can't suppress the details of her father. 

Don't complicate the simple things. 

By giving her father's name in the admission form no loss or harm would be caused to the child 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Dear Client,

Both parents typically have equal rights when it comes to making decisions about their child's education, unless otherwise specified by a court order. If your sister and her husband have not gone through a legal separation or divorce process, the husband may still have legal rights regarding the child's education. Schools often require documentation such as a birth certificate and sometimes proof of guardianship or custody. If your sister is the legal guardian of her daughter or has sole custody, she should be able to provide documentation to support this. While it's ideal to involve both parents in a child's education, if the father is not taking responsibility and your sister has legal custody or guardianship, she may be able to enroll her daughter in school without his involvement. However, this could potentially lead to legal complications if the father disagrees or challenges the decision. Whether or not to include the father's name on the admission form depends on the school's requirements and the legal situation. If the father's name is required, your sister may need to provide it, even if he is not involved in the child's life or education.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

In most cases in India, a father's consent is not mandatory for enrolling a child in school, especially under the circumstances you described. Here's what you can do:

 

  1. Your sister can likely enroll her daughter in school without her husband's consent. Supreme Court judgements have allowed single parents or mothers with custody to make such decisions.

  2. Use your sister's name and details on the admission form. For the photos, a single photo of your sister with the child might suffice. Explain the situation to the school administration if they insist on both parents' photos.

  • Confirm the specific requirements for your state or region regarding school enrollment for children in such situations.
  • Keep a copy of the birth certificate and any communication with the school regarding enrollment for your records.
  • If the school insists on involving the father, be prepared to explain the situation. You can mention your sister's willingness to provide for the child's education and well-being.

Regards.

Arunkumar Khedia

Advocate Bombay Highcourt.

Arunkumar Khedia
Advocate, Mumbai
61 Answers

Dear Sir, 

First of all gather all necessary documentation for your niece's enrollment, including her birth certificate. Ensure that you have two photographs of parents, as requested by the school.

the father's name is typically required for admission purposes. However, given the circumstances of mental cruelty and the father's lack of responsibility, it may be possible to proceed without his involvement.

Explain the situation to the nursery school administration. Clarify that your sister is the primary caregiver for her daughter and that the father is not actively involved in her life or contributing to her upbringing. Provide any relevant documentation, such as proof of separation, or Legal Notices etc.

Thank you

Sukumar Jadhav
Advocate, Mumbai
35 Answers

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