IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 14963 OF 2022
PETITIONER/S:
1 SHERIN KURUVILLA
AGED 41 YEARS
TC 2/3374, NO.7 , NEAR SKYLANE MAPLE HEIGHTS FLAT, PATTOM
P.O THIRUVANANTHAPURAM, PIN - 695004
2 NEIL ANEESH PHILIPOSE
AGED 13 YEARS
TC 2/3374, NO.7 , NEAR SKYLANE MAPLE HEIGHTS FLAT, PATTOM
P.O THIRUVANANTHAPURAM., PIN - 695004
3 DAVE ANEESH PHILIPOSE
AGED 9 YEARS
TC 2/3374, NO.7 , NEAR SKYLANE MAPLE HEIGHTS FLAT, PATTOM
P.O THIRUVANANTHAPURAM., PIN - 695004
4 RYAN ANEESH PHILIPOSE
AGED 6 YEARS
TC 2/3374, NO.7 , NEAR SKYLANE MAPLE HEIGHTS FLAT, PATTOM
P.O THIRUVANANTHAPURAM., PIN - 695004
BY ADVS.
S.JAYANT
S.GOKUL BABU
RESPONDENT/S:
1 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS
CHAIRMAN
SIKSHA KENDRA-2,COMMUNITY CENTRE,
PREET VIHAR DELHI., PIN - 100992
2 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY
EDUCATION
REGIONAL OFFICE, BLOCK B, 2ND FLOOR, LIC DIVISIONAL
OFFICE
CAMPUS, PATTOM, THIRUVANANTHAPURAM., PIN - 695004
WP(C) NO. 14963 OF 2022
2
3 THE PRINCIPAL, GLOBAL PUBLIC SCHOOL
THIRUVANIYOOR P.O CHOTTANIKARA ROAD
KOCHI., PIN - 682308
4 ANEESH PHILIPOSE S/O K. PHILIPOSE JOSEPH
FLAT NO: 6B ,MATHER EL CASTILLO, JAWAHAR NAGAR
KADAVANTHARA., PIN - 682020
BY ADVS.
SRI.NIRMAL S., SC, CBSE
SANTHOSH MATHEW
R.LEELA
ARUN THOMAS
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
MATHEW NEVIN THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14963 OF 2022
3
JUDGMENT
Petitioner No.1 is the mother and the petitioner Nos. 2-4 are the children aged 13, 9 and 6. They have approached this Court seeking directions to the respondent No.3, Principal, Global Public School, Thiruvaniyoor, Kochi to issue transfer certificates of petitioners 2-4 and for permitting them to pursue their course at Thiruvananthapuram in a school known as Sarvodaya Central Vidyalaya where fees for one year has already been deposited. Classes are going to start from 1st of June onwards. It is unfortunate that petitioner No.1 and respondent no. 4, wife and husband respectively, after 14 to 15 years of marriage are having a matrimonial dispute. Petitioner No.1 is an Architect whereas respondent No.4 is a Civil Engineer. Prior to that both have been living in Dubai and owing to the pandemic 4 th respondent has come back. A case of restitution at the instance of the husband and of domestic violence by the wife and a case of maintenance have already been filed. Counsel for the petitioners submitted that in order to buy peace petitioners had, along with the children 2 to 4 had shifted from Kochi to Thiruvananthapuram and got admitted to the Sarvodaya Central Vidyalaya school so that the children could WP(C) NO. 14963 OF 2022 4 study in a peaceful and calm environment as the dispute between the petitioner No. 1 and respondent No.4 had seriously affected their outlook and was not in a position to pursue the school at Kochi. The 3rd respondent is insisting on the consent of the father for the issuance of the transfer certificate. Owing to the litigation father is opposing such a request and therefore impelled to approach this Court.
2. Counsel representing the 4th respondent submitted that attempts have been made for reconciliation. Even the parties have been to the psychiatrist and marriage counsellor. But so far did not make any headway. The next hearing date before the Family Court is 4.6.2022. The matter should be kept pending and adjourned beyond the date pending in the Family Court.
3. Mr.Santhosh Mathew, learned counsel representing the 3rd respondent submits that they would not have any objection to the issuance of transfer certificate owing to the dispute, for the time being, between the petitioner No.1 wife and respondent No.4 husband, forthwith so that the education of the children petitioners No.2 to 4 is not affected. This Court while hearing the matter had permitted the petitioners to appear through virtual hearing to WP(C) NO. 14963 OF 2022 5 ascertain the present mindset of the children and had a detailed discussion. Children for the time being are interesting to pursue their education at these schools as the admission sought in the school at Kochi was only for a period of one year and the school did not open owing to the pandemic. The school would be starting on 1 st, 3rd and 4th June. According to her submission, had taken accommodation well and she has a bank balance. She has undergone a surgery and now recuperating from such ailment. This Court had also attempted to resolve the dispute amicably but for the time being, the wife has not shown any inclination towards the same. I would not be delving further on this issue as the matter is seized before the family court. For the reasons aforementioned, I dispose of the writ petition by issuing directions to the respondent No.3 to issue transfer certificates in favour of the petitioner No.2 to 4 to the counsel representing the petitioners, who would immediately transfer the said certificates to the petitioners through any means for seeking admission in the Sarvodaya Central Vidyalaya forthwith so that the classes of the children would not be affected.
Sd/-
sab AMIT RAWAL, JUDGE
WP(C) NO. 14963 OF 2022
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APPENDIX OF WP(C) 14963/2022
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF AADHAAR CARD OF THE PETITIONERS
WHICH IS ALSO THERE ADDRESS PROOF
Exhibit P2 COPY OF FEE RECEIPTS FOR THE 2022-23
ACADEMIC YEAR PAID FOR 2ND, 3RD AND 4TH
PETITIONERS
Exhibit P2a THE COPY OF ADMISSION CARD RECEIVED FROM
SARVODAYA CENTRAL VIDYALAYA
THIRUVANANTHAPURAM FOR PETITIONERS 2,3,AND 4 Exhibit P3 THE COPY OF THE LAWYER NOTICE ISSUED BY 1ST PETITIONER TO 3RD RESPONDENT Exhibit P4 THE TRUE COPY OF THE SAID EMAIL COMMUNICATION FROM ELSA VARGHESE, REGISTRAR OF THE SCHOOL DATED 24-03-2022 Exhibit P5 THE COPY OF THE REPLY NOTICE ISSUED BY THE COUNSEL FOR THE 3RD RESPONDENT DATED 02-04- 2022 Exhibit P6 THE COPY OF THE RENT AGREEMENT BETWEEN THE 1ST PETITIONER AND THE LAND LORD Exhibit P7 THE COPY OF THE PROTECTION ORDER IN MC 151/211 BEFORE HONOURABLE ACJM-
THIRUVANANTHAPURAM Exhibit P8 THE COPY OF JUDGMENT IN WP (CRL) 448 OF 2021 DATED 17-12-2021 Exhibit P9 THE COPY OF O.P FC 88 OF 2022 FILED BEFORE THIS HONOURABLE COURT WP(C) NO. 14963 OF 2022 7 Exhibit P9a THE COPY OF JUDGMENT IN O.P FC 88 OF 2022 OF THIS HON'BLE COURT Exhibit P10 THE COPY OF THE I.A IN O.P 3087/2021 BEFORE FAMILY COURT, ERNAKULAM Exhibit P11 THE COPY OF WP CRL 448 OF 2021 Exhibit P12 THE COPY OF JUDGMENT IN WP NO 19057 OF 2021 OF HON'BLE HIGH COURT OF KARNATAKA Exhibit P13 THE COPY OF REPORT CARD OF 2ND PETITIONER Exhibit P13a THE COPY OF REPORT CARD OF 3RD PETITIONER Exhibit P13b THE COPY OF REPORT CARD OF 4TH PETITIONER