• Relocating my wife and son

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?
Asked 8 days ago in Family Law
Religion: Hindu

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22 Answers

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 

Ajay Sethi
Advocate, Mumbai
98174 Answers
7981 Consultations

 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. 

Mohammed Shahzad
Advocate, Delhi
15073 Answers
229 Consultations

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.

T Kalaiselvan
Advocate, Vellore
88376 Answers
2393 Consultations

Yes you can withdraw 

no no h of you are equally bound to take child responsibility 

Prashant Nayak
Advocate, Mumbai
33338 Answers
219 Consultations

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 

Ajay Sethi
Advocate, Mumbai
98174 Answers
7981 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23474 Answers
529 Consultations

  1. Conveyance charges for school bus are paid by you but bus facility is not used by you son. You want to withdraw the bus facility. That is your question.
  2. For withdrawal of any service not used by your son consent of mother is required. Consent of mother  is lame excuse by school authority of extort money from you.
  3. Issue a notice from you—not through lawyer, as that will escalate the dispute—that you are withdrawing payment towards bus service from next month as it is not used by your son. Next month stop payment towards bus charges.
  4.  
  5. The  first term should be, she will withdraw all criminal and civil cases, mention the  particulars of every case. Specific phrase, as party of the  first part and second has agreed to settle the matter mutually, the  party of the  second part shall withdraw all above mentioned cases prior to payout of agreed settlement amount.
  6. You can deposit the agreed amount in escrow account so that there will not be any risk for both of you.
  7. Wife can be compelled to bear expenses only if she is earning and only through Court. deposit the tuition fee directly in school account.
  8. You can very much stop payment of bus service.

Ravi Shinde
Advocate, Hyderabad
4790 Answers
42 Consultations

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.

T Kalaiselvan
Advocate, Vellore
88376 Answers
2393 Consultations

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.

Mohammed Shahzad
Advocate, Delhi
15073 Answers
229 Consultations


1. Paying Only Tuition Fees

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.


2. Court Validity

✅ 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.


3. Dealing with School

✅ 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.

Final Tip:

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.

Shubham Goyal
Advocate, Delhi
953 Answers
5 Consultations

Then you can approach court in writing petition against the school for directions in said matter

Prashant Nayak
Advocate, Mumbai
33338 Answers
219 Consultations

Deposit in to wife or any relative of her is sufficient. Intimate her about payments keeping record of all payments.

Ravi Shinde
Advocate, Hyderabad
4790 Answers
42 Consultations

You cannot deposit tution fees in mother account 

Ajay Sethi
Advocate, Mumbai
98174 Answers
7981 Consultations

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.

T Kalaiselvan
Advocate, Vellore
88376 Answers
2393 Consultations

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.


What to Do?

  1. 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."

  2. Keep Proof:

    • Save transaction receipts, bank statements, and messages.

  3. Legal Validity:

    • Courts recognize actual payments. If she misuses the funds, you have proof of fulfilling your duty.

  4. 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?

Shubham Goyal
Advocate, Delhi
953 Answers
5 Consultations

It’s better you pay it to school directly through cheque with a covering letter 

Prashant Nayak
Advocate, Mumbai
33338 Answers
219 Consultations

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 

Ajay Sethi
Advocate, Mumbai
98174 Answers
7981 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15073 Answers
229 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
88376 Answers
2393 Consultations

Any email hinting at discontinue payments will reflect badly. It will be for recorded. Include all terms you want to incorporate in MCD agreement.

Ravi Shinde
Advocate, Hyderabad
4790 Answers
42 Consultations

You're welcome — and you're clearly doing your best to act responsibly.

Shubham Goyal
Advocate, Delhi
953 Answers
5 Consultations

You can do all acts which makes you look responsible father 

Prashant Nayak
Advocate, Mumbai
33338 Answers
219 Consultations

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