Jeevika Jayesh Pawar Nee Dipti Ashok Taral v. Principal of Poddar Brio International School Cbse and Ors.

Bombay HC5 Jan 2026WP/17474/2025

Case brief

AI extract

What is this about?

school leaving certificate; transfer certificate; denial of certificate due to matrimonial dispute; child custody claim; mutual consent condition; NOC by father; minor's education; without prejudice; ad hoc arrangement; not a precedent; Bombay High Court; Writ Petition No. 17474 of 2025; Poddar Brio International School CBSE; Pratham Jayesh Pawar; Jeevika Jayesh Pawar.

What did the court decide?

Direction to Respondent No. 2 - School to take steps within two weeks to issue the transfer / school leaving certificate of the Petitioner's son Pratham Jayesh Pawar, as an ad hoc arrangement creating no equities and subject to the matrimonial proceedings; no order as to costs. ¶8(iv)

Jeevika Jayesh Pawar Nee Dipti Ashok Taral vs Principal of Poddar Brio International School Cbse and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶8(iv)

Issue for consideration

Whether Respondent No. 2 - School could decline/withhold issuance of the school leaving / transfer certificate of the Petitioner's son Pratham Jayesh Pawar on account of the pending matrimonial litigation between the parents and the imposed conditions of a child-custody claim and mutual agreement.

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Court's answer

Adopting the view taken in its orders dated 2nd February 2026 (Writ Petition (L) No. 2265 of 2026) and 26th September 2024 (Writ Petition No. 10676 of 2024), the Court held that a matrimonial dispute between the parents is not a reason to deny issuance of a transfer / school leaving certificate.

¶8

Ratio / Principle

Respondent No. 2 - School was directed to take necessary steps within a period of two weeks for issuance of the transfer / school leaving certificate in favour of the Petitioner's son Pratham Jayesh Pawar.

¶8(i)

Key takeaways

Issuance of the transfer / school leaving certificate would not create any equities in favour of the Petitioner or Respondent No. 4; it is merely an ad hoc arrangement subject to the outcome of the matrimonial proceedings between them.ratio¶8(ii)
The order was expressly stated to have been passed in the peculiar circumstances of the present case and is not to be treated as a precedent.obiter¶8(iii)

Detailed headnote1 paragraphs

Bombay High Court (R.I. Chagla J. and Advait M. Sethna J.) disposed of a writ petition by a mother seeking immediate issuance of her minor son's school leaving / transfer certificate from Poddar Brio International School (CBSE), which had conditioned issuance on receipt of a child-custody claim and mutual agreement between the parents amid pending matrimonial litigation with the father (Respondent No. 4). Adopting the view in its own orders dated 02.02.2026 in W.P.(L) No. 2265 of 2026 and 26.09.2024 in W.P. No. 10676 of 2024 (matrimonial dispute between parents not a ground to deny a transfer certificate), the Court directed the school to issue the certificate within two weeks, held that issuance creates no equities and is an ad hoc arrangement subject to the matrimonial proceedings, and expressly stated the order is not to be treated as a precedent. No order as to costs.

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906-WP-17474-25.doc

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Sharayu Khot.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 17474 OF 2025

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Mrs Jeevika Jayesh Pawar nee Dipti Ashok Taral …Petitioner

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Versus

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Principal of Poddar Brio International School CBSE & Ors. …Respondents

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Mr. Paramvir G. Narula for the Petitioner.

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Mr. A.I. Patel, Addl. G.P. a/w Smt. P.J. Gavhane, AGP for the Respondent-State.

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CORAM : R.I. CHAGLA J

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ADVAIT M. SETHNA, J

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DATE : 11 February 2026

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ORDER :

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SHARAYU PANDURANG KHOT

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By this Writ Petition, the Petitioner is seeking a direction

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Digitally signed by SHARAYU PANDURANG KHOT Date: 2026.02.13 18:32:43 +0530

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to the Respondent No. 2 - Poddar Brio International School CBSE (“School”) to issue school leaving / school transfer certificate of the

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Petitioner’s son Pratham Jayesh Pawar immediately.

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¶20

906-WP-17474-25.doc

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The Respondent No. 2 – School had issued email dated

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2nd July 2025, wherein reference has been made to the email received from the Petitioner requesting for issuance of school leaving certificate of the Petitioner’s son Pratham Jayesh Pawar on 17th June 2025. However, Respondent No. 4 (father of Pratham Jayesh Pawar) had emailed the school requesting the school office not to issue the leaving certificate to the Petitioner. Respondent No. 2 – school had also observed that there was a pending matrimonial litigation regarding separation between the Petitioner and Respondent No. 4. Conditions had been imposed by the Respondent No. 2 – School in the said email, viz. receiving of claim of child custody by any of the parent and upon mutual agreement of issuance of a school leaving certificate.

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The present Writ Petition had come up before this Court on 27th January 2026, on which date this Court had observed that the notice had been issued to Respondent No. 4. Notice was also issued to Respondent Nos. 1 and 2, returnable on the next date.

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The learned Counsel for the Petitioner has referred to the email dated 9th February 2026, wherein reference is made about an

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906-WP-17474-25.doc

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email having been sent by the Respondent No. 2 – School to the Respondent No. 4 on 24th December 2025, wherein it was stated that the school leaving certificate of Master Pratham Jayesh Pawar cannot be withheld within the school due to the lack of mutual consent between the parents for the issuance of the leaving certificate. It was further mentioned that a ‘NOC’ from the Respondent No. 4 had been received for the issuance of school leaving certificate to the Petitioner. A copy of the same has been enclosed. The Petitioner was requested to visit the school between 10 a.m. to 2 p.m. on any working day to collect the school leaving certificate of the Petitioner’s child Master Pratham Jayesh Pawar. Moreover, the Petitioner could also inform the Respondent No. 2 - School in advance about the date when the Petitioner will come for collection of the same. The email dated 9th February 2026 together with email dated 24th December 2025, which are tendered by the learned Counsel for the Petitioner are taken on record and marked “ X colly. ” for identification.

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In view of the Respondent No. 2 – school having taken decision to issue school leaving certificate, we pass a similar order, as had been passed by us on 2nd February 2026 in Writ Petition (L) No. 2265 of 2026, wherein the same prayer had been made for issuance

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906-WP-17474-25.doc

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of transfer / school leaving certificate to the Petitioner by the Respondent school.

¶32

In that case, reliance had been placed on an order dated 26th September 2024 in Writ Petition No. 10676 of 2024, by which this Court had taken the view that just because there was a matrimonial dispute between Petitioner No.1 therein and Respondent No.5 therein cannot be a reason for denial of issuance of transfer / school leaving certificate to Petitioner No.2 therein. Petitioner No.2 therein was entitled to pursue her education, which she was pursuing presently with Respondent No.4 - School therein.

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Accordingly, this Court vide the said order dated 2nd February 2026, took a view that the interest of either parties can be safeguarded by observing that issuance of leave / transfer certificate by Respondent No.3 - school would be without prejudice to the rights and contentions of Petitioner No.1 and Respondent No.5, in the event of any matrimonial proceedings being filed, and which shall be decided independently and on its own merits.

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We consider it appropriate to adopt a similar view as

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906-WP-17474-25.doc

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taken by us vide order dated 2nd February 2026 and by this Court in Writ Petition No.10676 of 2024. In view of the fact that there is a matrimonial proceedings between the Petitioner and Respondent No.4, we pass the following order:-

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i. Respondent No. 2 - school shall take necessary steps within a period of two weeks from today for issuance of transfer / school leaving certificate in favour of the Petitioner’s son Pratham Jayesh Pawar.

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ii. Issuance of transfer / school leaving certificate would not create any equities in favour of Petitioner or Respondent No.4 in their matrimonial proceedings. This is merely an ad hoc arrangement and subject to the outcome of the matrimonial proceedings between the Petitioner and Respondent No.4.

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iii. This order is passed in the peculiar circumstances of the present case and is not to be treated as a precedent.

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906-WP-17474-25.doc

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iv. The Writ Petition is accordingly disposed of. There

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shall be no order as to costs.

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[ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.]

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Procedural history

How this case reached the court

AI extract

Order under challenge
Email dated 2nd July 2025 of Respondent No. 2 - School declining immediate issuance of the school leaving certificate of the Petitioner's son and imposing conditions (receipt of a child-custody claim by a parent and mutual agreement of the parents), noting pending matrimonial litigation between the Petitioner and Respondent No. 4.¶2
Respondent No. 2 - Poddar Brio International School CBSE (School) · 2nd July 2025
Prior proceeding
Petitioner had emailed the School on 17th June 2025 requesting issuance of the school leaving certificate of her son Pratham Jayesh Pawar.¶2
Prior proceeding
Respondent No. 4 (father) had emailed the School requesting it not to issue the leaving certificate to the Petitioner.¶2
Prior proceeding
The School's email noted pending matrimonial litigation regarding separation between the Petitioner and Respondent No. 4.¶2
Prior proceeding
Conditions were imposed by the School in its email: receipt of a claim of child custody by a parent and mutual agreement for issuance of the school leaving certificate.¶2
Prior proceeding
The Writ Petition came up before the Court on 27th January 2026, when notice was observed to have been issued to Respondent No. 4.¶3
Prior proceeding
Notice was also issued to Respondent Nos. 1 and 2, returnable on the next date.¶3
Prior proceeding
By email dated 24th December 2025 to Respondent No. 4, the School stated the certificate could not be withheld for lack of mutual consent between the parents.¶4
Prior proceeding
The School recorded that a 'NOC' from Respondent No. 4 for issuance of the school leaving certificate to the Petitioner had been received.¶4
Prior proceeding
Emails dated 9th February 2026 and 24th December 2025 tendered by the Petitioner's counsel were taken on record and marked 'X colly.' for identification.¶4
Prior proceeding
The Court had passed a similar order on 2nd February 2026 in Writ Petition (L) No. 2265 of 2026, where the identical prayer for issuance of transfer / school leaving certificate by the respondent school had been made.¶5
Prior proceeding
In that earlier matter, reliance had been placed on the Court's order dated 26th September 2024 in Writ Petition No. 10676 of 2024, holding that a matrimonial dispute between the parents therein could not be a reason to deny the transfer / school leaving certificate to the student, who was entitled to pursue her education.¶6
Prior proceeding
In the order dated 2nd February 2026, issuance of the leave / transfer certificate was made without prejudice to the rights and contentions of the parents therein in any matrimonial proceedings, to be decided independently and on its own merits.¶7

Jeevika Jayesh Pawar Nee Dipti Ashok Taral v. Principal of Poddar Brio International School Cbse and Ors.

Case brief

What is this about?

What did the court decide?

Jeevika Jayesh Pawar Nee Dipti Ashok Taral v. Principal of Poddar Brio International School Cbse and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Cases cited

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Parties & counsel

Coram

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