Gujarat High Court has ruled that if the husband and wife are contesting for their child’s custody, the husband should not be stopped from attending Parents Teacher Meetings (PTM) in the school in the interest of the child.
Justice Umesh Trivedi ruled while setting aside a wife’s appeal challenging an order issued by the Family Court permitting a husband to attend the PTM.
The court warned that the man should not bring a matrimonial dispute during their meeting while ordering the wife to inform the date and time of the meeting.
“At any rate, according to his submission, even the father being a natural guardian has to be permitted to participate in the educational activities of the child and also the Parents Teacher Meeting and therefore, cannot be deprived of attending the same being a natural guardian,” Justice Trivedi observed.
According to the case details, a husband and wife had parted ways. Post-separation, the husband had filed an appeal before the Family Court to get custody of his son in 2017. At the time, the son was only two years. In 2019, the man again filed an application seeking visitation rights and the Court gave permission for it as well.
After some time, he came to know that his son was admitted to school but the wife refused to disclose the related details. Due to this, he filed another petition seeking an order from the court to direct the wife to share details of the school and he should also be allowed to attend the PTM in the school. The Court also gave judgment in his favour.
A year later the order, the wife assailed it before the High that the lower court had given this order without any strong reasons. Earlier, before the Family Court order, the same issue had been taken to the high court and the husband didn’t get any relief. After the High Court order, the Lower Court can’t give any relief.
While, the advocate of the man, Anuj Trivedi submitted that the wife hadn’t made any claim protesting the application filed by the husband orally or in written submissions. Therefore, she has no right to assail the order in the High Court. Father is a natural guardian of his child and thus he has to be permitted to participate in the educational activities of the child and also the PTM and so, cannot be stopped from attending such events taking place in his child’s school.
Source: https://ahmedabadmirror.com/if-couple-contesting-custody-of-child/81839067.html