1. Petitioner has filed this writ petition seeking the following relief: “i) to issue a writ of mandamus or such other appropriate writ, order or direction to the 1st respondent ordering it to issue Transfer Certificate to the 2nd and 3rd petitioner and handover the same to the 1st petitioner.”
2. First petitioner is the wife and petitioners 2 and 3 are the children of the third respondent. Apparently, there were certain matrimonial disputes between the first petitioner and the third respondent. A case is filed by the first petitioner before the Judicial Magistrate of the First Class-I, Aluva as M.C.No.136 of 2013 under Protection of Women from Domestic Violence Act, 2005. The reason for the 1st petitioner approaching this Court is that though she made an application to the first respondent for transfer certificate of the minor children, the same was not given. Therefore, she seeks for a direction to the first respondent to provide the Transfer Certificates of the 2nd and 3rd petitioners.
3. Counter affidavit is filed by the first respondent, inter alia, stating that the application for admission was submitted by the third respondent as guardian of the minors and they have only requested the first petitioner to obtain the consent of the guardian, the third respondent, for the purpose of giving the Transfer Certificate.
4. Counter affidavit is filed by the third respondent inter alia complaining of the matrimonial issues involved between the first petitioner and the third respondent. According to him, he is meeting all the expenditure for the studies of his children and therefore, he does not agree to the children being shifted to another school at Pathanamthitta.
5. Having regard to the above facts and circumstances, I do not think that a direction need to be issued to the first respondent since, the first respondent only insisted for consent from the legal guardian in order to provide T.C. This apparently is a matrimonial dispute and unless appropriate orders are passed by the competent court dealing with such matrimonial disputes, the place of study of children cannot be decided. Learned counsel for the 3rd respondent submits that he had filed an application GOP No.722/2014 before the Family Court, Ernakulam for custody of the children. Under such circumstances, it is always open for the first respondent to approach the Family Court and seek appropriate directions regarding the place where the children should study.
Hence, I am of the view that the petitioners are not entitled for any relief sought for. Writ petition is accordingly dismissed.
A.M.Shaffique, Judge.
sl.