The Kerala State Commission for Protection of Child Rights has said that copy of certificates or other documents of either partner involved in marital dispute should be made available to their children on a formal application if needed for their education.
The commission said the consent of a person could not be made a requisite for obtaining the certificate. If either the man or wife in a case of marital dispute was refused the certificate of the other despite asking for it for the education or other needs of their child, a copy of the document should be made available on a legal application.
Acting on a petition from a Nedumangad native, the single bench of member K. Nazeer directed the General Education Principal Secretary and the Director of General Education to issue orders to ensure that schools in the State followed its direction. They should also issue guidelines on issue of certificates for requirements of children in such cases.
The petitioner had said that her husband and she were living separately owing to marital problems. Her son had secured admission to a college where he would receive a fee concession on producing proof that the parents had studied till Class X. She had asked her husband for a copy of his certificate many times to no avail. When approached, the headmistress of the school he had studied in said the certificate could be issued only with his consent.
The headmistress told the commission that the petitioner’s husband had not applied for a certificate that he had studied in the school till Class X. There was no hurdle to issuing the certificate if he applies.
The commission observed that usually certificates were issued only when people to whom those belonged applied for it. However, certificates of either parent could be needed for education-related requirements of their children. If the concerned parent refused to give it, the office concerned should issue a copy of the document on a valid application. This was necessary to ensure children’s rights in families facing marital disputes. If not, children would be denied opportunities, resulting in violation of their rights.
The commission asked the Deputy Director of Education concerned to ensure that the petitioner was issued the copy of her husband’s certificate on submitting an application.
