Man says ex-wife got fake TC to take child away

Divorced parents fighting over visitation rights to meet their children has become a regular feature. But, Madras High Court was witness to a bizarre case wherein a person had moved the court accusing his wife of obtaining a fake transfer certificate from a school.

By :  migrator
Update: 2018-08-22 20:49 GMT
Madras High Court

Chennai

Divorced parents fighting over visitation rights to meet their children has become a regular feature. But, Madras High Court was witness to a bizarre case wherein a person had moved the court accusing his wife of obtaining a fake transfer certificate from a school in Chennai to move her child studying in Kerala to Bengaluru along with mentioning that the child is a Scheduled Caste while in fact she belonged to Backward Class.

The case, which had traversed through several RTI queries, probes and litigations including the Kerala HC has reached a partial closure with MHC ruling that the petitioner’s wife had committed an act of fraud by managing to produce a fake TC and that the petitioner’s daughter did not belong to SC. For now, a criminal case was pending against the mother and the said school which issued the fake TC. As per the case, petitioner Dr S Diraviam Suresh a medical research scientist and presently practising as an advocate had contended that his daughter Keerthana was pursuing her education at St. Raphale’s Cathedral School, Palakkad, since Class 1. 
However, his estranged wife Dr KN Lakshmy took away his daughter from him to a different place after completion of her Class 2, in 2012. Thereafter, he came to know that his daughter was admitted by his wife in Silicon City Public School, Konanakunte, Bengaluru. But with the school in Kerala abiding by his direction of not issuing TC to the child, he learnt through RTI that the TC submitted for his daughter towards admission was issued by an unrelated school viz Hold Queen Matriculation School, Nagelkeni, Chennai.
He had contended that as per the dates mentioned in the fabricated TC, the petitioner’s daughter seemed to have attended two schools in two states at the same time, which was unrealistic. Moreover, he had also noticed misrepresentation of the community of his daughter, as ‘SC’ by his wife, with an ill-intention of misusing the benefits that were meant for people belonging to SC category.
However, the Bengaluru school absolved itself from the issue by stating that they admitted the student based on birth certificate as per Right to Education Act and not based on the fake TC.
Justice S Vaidyanathan on directing the management of the school that issued the fake certificate to place the official concerned under suspension and proceed with disciplinary action, said, “This court warns the petitioner’s wife not to indulge in any such fraud activities, which will ultimately affect the future of her children.”
 
Also noting that this observation does not mean that the mother is absolved of the charges in the criminal case as applying the principles of preponderance of probability, she is guilty of obtaining fake certificate, the judge also recorded the court’s displeasure in the petitioner’s act. 

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