$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7404/2026 MASTER ATHARVA IYER & ANR. .....Petitioners Through: versus ST MARKS WORLD SCHOOL THROUGH ITS PRINCIPAL & ORS. .....Respondents Through: Mr. Vedanta Verma, Mr. Rishabh S. Mishra, Advs. for R1-2 Mr. Dhruv Rohtagi, Adv. for R3-4 Ms Seema Dolo, Adv. for R5 Mr. Thakur, Adv. for R6 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 21.07.2026 CM APPL. 44410/2026 1. This is an application filed under Section 151 of CPC, 1908, on behalf of the petitioners seeking early hearing of the CM APPL. No. 35963/2026 pending in the present petition. 2. For the reasons stated in the application, issue notice. 3. Mr. Verma, Mr. Rohtagi, Ms. Dolo and Mr. Thakur, learned counsels accept notice on behalf of respondent Nos. 1-2, 3-4, 5 and 6, respectively. 4. With consent of parties, the petition is being taken up for hearing. 5. Accordingly, the application stands disposed of in the aforesaid terms. W.P.(C) 7404/2026 6. In the present case, the petitioner namely, Master Atharva Iyer, a minor boy aged about 6 years, was studying at respondent No. 1 school. 7. The petitioner No. 2 and respondent No. 6 have matrimonial discord, as a result of which, petitioner No. 2 has moved out of the matrimonial home and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:41:11 shifted to his mother’s house at Faridabad. The petitioner No. 1, as of today, is in the custody of petitioner No. 2. 8. Consequently, the petitioner No. 2 has admitted petitioner No. 1 i.e., the child, in a school located in Faridabad and sought Transfer Certificate from respondent No. 1 so that the child can continue with his studies in the school situated at Faridabad. 9. Since the Transfer Certificate sought has not been issued, the present petition has been filed. 10. I have heard learned counsel for the parties. 11. In the present case, when the petitioner No. 2 and respondent No. 6 (mother) were residing at their matrimonial home in Vidhnu Garden, the petitioner No. 1 was studying in a school nearby i.e., the respondent No. 1 School. 12. The petitioner No. 1, as of today, is in the custody of petitioner No. 2 and the petition for the custody of the child is already pending in the Guardianship Court, thus, the issue of custody of the child is yet to be decided. 13. Mr. Thakur, learned counsel for the respondent No. 6 states that the petitioner No. 1 has been forcefully taken away by petitioner No. 2 and the same is not with the consent of respondent No. 6 and the respondent No. 6 is contesting to get the custody of the minor child back from petitioner No. 2. 14. In this scenario, I am of the view that the child cannot be made to shuffle from one school to another school. In case, the Guardianship Court decides that the custody of the petitioner No. 1 has to be given to the respondent No. 6, the child will again have to come back to respondent No. 1 school. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:41:11 15. Additionally, I cannot direct respondent No. 1 School to issue a Transfer Certificate without consent of the respondent No. 6. 16. As soon as the guardianship petition is decided, the parties will be at liberty to apply for admission in the appropriate school. It is expected that petitioner No. 2 and respondent No. 6 will come to an amicable settlement so that the education of the child is not unnecessarily hampered. 17. In view of the above, the relief sought by the petitioner cannot be granted. 18. Accordingly, the petition stands disposed of in the aforesaid terms. JASMEET SINGH, J JULY 21, 2026/AS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:41:11