Refuse to pay bus fees as it is not being used by your son .inform the school that you shall not be paying bus fees .send copy of letter/email to wife
2) all decisions regarding school education,extra curricular activities should be taken jointly
I am not legally separated from my wife, but she is staying away from my house 1.5 yrs now and living with her mother. I'm based out of Delhi whereas she lives in Noida. My question having 2 aspects a) My wife has smartly put our son to a nearby school without my permission when she again left our house without my consent, but we later agreed to it and dint drag the matter. I'm an average earner but still managing the fees. For the last 2 yrs bus is not even used but I keep giving the amount. Every time I have asked to withdraw school authorities says that since wife consent is not there, they can revoke the bus. (I wanted to remove the bus but not able to discontinue due to this reason). School doesn't even give us anything in written. how can I withdraw this. ? b) My wife keeps giving me threats that since I'm spoiling her name in the school, she will be changing the school if i make troubles for her. If she changes the school - what can be done to stop it and if not do I need to pay for new school if my consent is not there. Am i bound legally as a father to surrender whatever and wherever my wife wish to proceed, i don't have any rights or benefits?
Refuse to pay bus fees as it is not being used by your son .inform the school that you shall not be paying bus fees .send copy of letter/email to wife
2) all decisions regarding school education,extra curricular activities should be taken jointly
- Under the Hindu Marriage Act, Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition.
- Further, if the separation is more than 2 years period, then even without a reason, is a ground for a Divorce decree.
- Further, as per law , if wife is not living with her husband without a valid reason then she is not entitled to get maintenance from her husband.
1. Legally both the parents have equal right over the child , and hence your wife cannot admit the child in any school without getting your consent , and even she cannot kept the child solely.
- You can deny to pay the fees if the child is not getting admission as per your consent.
2. Lodge a complaint before the school.
1. If your wife is not cooperating in this regard you can Stop paying the amount for bus as well as school fees, you can inform your wife about this unjustified payment and can ask her to sort it out with the school authorities or else to take TC and get the child admitted to a better school
2 If your wife is posing such threats besides not interested to live with you and continue the married life together then you can take a decision to stop paying the school fees and towards other expenses.
Simultaneously you can file a child custody case and seek child custody for the reason that your wife is not taking proper care of the child and it's education.
Thanks for the answer Background: The school is taking no ownership and simply provided us a portal where the entire fees clubbed with bus comes and we have to pay. Since I’m the one who is being paying the trouble falls in my lap then her. School has no other medium. My wife has willingly said ‘No’ to the school without any grounds and the school is asking her for her consent unless no withdrawal is possible. Question needs to be addressed 1. Is it legally viable to let her pay the full fees on portal and I pay her the tuition fees on Paytm or account excluding the bus fees and notify her over an email . 2. Is the above reliable in court proceedings if happen in future. Wil court be considerate about the Tuition money I’m sending her in the account / Paytm 3. Can I force the school in some way when they know the bus in not in use.
Let wife pay fees and you can reimburse the fees
2) court would consider fact that you have transferred money to wife for Tuition fees
1. Yes, it is permissible.
2. Yes, you can prove this payment in court.
3. Write them e-mail and produce it in court. It is enough.
1. It will be legally possible only when you file a child custody case and all these things put in writing as conditions for child custody as well as child visitation rights.
2. The court has to be informed about these by producing documentary evidences in the child custody case.
3. You can issue legal notice to the school authorities to refund the amount collected towards bus conveyance when no such facility was provided.
1. You can directly pay the fees from your account
2. Yes, legally the school cannot force you to avail the services of the bus.
✅ Yes, you can pay only tuition fees to your wife’s account or Paytm and keep a record.
✅ Send an email or message clearly stating:
"I'm paying tuition fees only, since the bus is not used. Please handle the remaining as needed."
This shows transparency and intent.
✅ Courts consider actual contributions made toward the child’s education.
✅ Keep screenshots, bank/Paytm receipts, and email records — they help prove your support if needed later.
✅ You cannot force school if your wife gave them instructions as the child's custodian.
✅ But, you can send a formal written letter/email to the school saying:
"As the father, I do not consent to bus charges since the service is not being used. I request the school to allow separate payment of tuition fees only or remove the bus service."
Even if they don’t act, this builds a legal record showing your effort.
If your wife changes the school without your consent and expects you to pay full fees, you can challenge it in family court — especially if it’s unaffordable or done without consulting you.
Let me know if you want a sample email for school or your wife.
Thanks for the answers. Really appreciate. The last doubt in case of any closure of savings account by my wife which I have, can I drop the tuition fee amount to her mother’s account. My wife has smartly merged herself with her mother account. So it will not be a surprise if she closed her account. The school has only provided ERP portal for the payment.
Deposit in to wife or any relative of her is sufficient. Intimate her about payments keeping record of all payments.
You do not have to go behind your wife maintaining bank account elsewhere or closing her own bank account.
if she has closed the bank account then there is no necessity for you to pay the fees to her account, let she face the situation with the school on her own. Why are you so much worried and particular about it when she is not cooperating in this regard.?
There is no reason for you to deposit the amount to her mother's account.
Yes, you can transfer the tuition fees to your mother-in-law’s account if your wife's account is closed, but ensure proper documentation to protect yourself legally.
Notify in Writing (Email/WhatsApp):
"Since your account is closed and the school ERP does not allow partial payments, I am transferring only the tuition fee to your mother’s account. Please ensure payment to the school."
Keep Proof:
Save transaction receipts, bank statements, and messages.
Legal Validity:
Courts recognize actual payments. If she misuses the funds, you have proof of fulfilling your duty.
If She Changes the School:
Without your consent, you can refuse to pay and legally challenge it.
Would you like a draft email for this?
thanks all for the responses. The kid has been staying with her and since I'm don't want to look as a careless father hence continued to the payment bearing the bus part but now i want to stop it as she has been hinting on mutual divorce. I don't want to look that i m not responsible father. Any email content which stands for school as well as to wife would be good to have. thanks again!
Ask your wife to send draft petition of mutual consent divorce
send email that bus is not being used by your son not to charge you for bus services
- You should transfer the amount in the account of your wife for record purposes., so that she cannot take plea that you was not paying the tuition fees of the child.
if you agree for the proposal of mutual consent divorce to be initiated by her, you may ask her to proceed after which you can sign the papers but only after your own lawyer is scrutinising the petition thoroughly to avoid any issues that may arise in future in this regard.
As far as the school bus fee is concerned there is no necessity for you to waste the money spent on nothing, this non payment of bus fees will not hold you liable to describe you as an irresponsible father.
Any email hinting at discontinue payments will reflect badly. It will be for recorded. Include all terms you want to incorporate in MCD agreement.