Judgment A. P. DESHPANDE, J. ( 1 ) HEARD. Rule. Rule made and started residing with him. During the marital wedlock, the petitioner gave birth to three children; two daughters and one son. When the petitioner and respondent No. 7 returnable forthwith. By Consent of parties, taken up for final hearing. At the request of Shri. Bajaj, Adv. deletion of respondent No. 6 is permitted. ( 2 ) THE petitioner and the respondent no. 7 are wife and husband respectively. The petitioner and respondent No. 7 got married on 3rd February, 1991. It is the case of the petitioner that after the marriage, the respondent no. 7 started ill-treating the petitioner. The petitioner, as such, left the company of respondent No. 7 and started residing at her parents house. On pursuation from the relatives and the well-wishers, the petitioner again joined the company of the respondent No. 7 where staying together at Beed, the tree children were admitted in respondent No. 5 school, by name, st. Anns School, Jalna Road, Beed. As the relations of the petitioner and the respondent no. 7 were strained, the petitioner, some time in may, 2005, left the residence of respondent No. 7 and shifted along with the children to her parents place i. e. at Shirur, District Pune and since then, till date, the petitioner alongwith her children is residing at Shirur. When the academic session 2005-06 commenced in June, the petitioner admitted her three children in respondent No. 6 School i. e. Rasiklal manikchand Dhariwal School at Shirur. The children are parking education in the said school and one term is already over by Diwali. The second term of the school has commenced. ( 3 ) UNDER the Bombay Primary education Act and Rules made thereunder, a student can only provisionally be admitted to a school, on his failure to produce the Transfer certificate. As the children of the petitioner were not granted permanent admission and were provisionally admitted, subject to the submission of School Leaving/transfer certificate, the petitioner applied to the Principal of the respondent No. 5 school for grant of the transfer Certificate. The 5th respondent was also informed that the children have taken admission in a school at Shirur and hence, a prayer was made for grant of Transfer certificate. The 5th respondent was also informed that the children have taken admission in a school at Shirur and hence, a prayer was made for grant of Transfer certificate. When the respondent No. 5 intimated the respondent No. 7 about the application received from the petitioner, claiming Transfer Certificate of the 3 children, the respondent No. 7 objected to the issuance of the Transfer Certificate and insisted that he being the father of the children, Transfer certificate cannot be issued at the request of the mother. ( 4 ) AS the admission granted to the children of the petitioner in respondent No. 6 school were threatened with cancellation, the present petition has been filed, seeking a writ of Mandamus against the respondent No. 5 to issue Transfer Certificate to the three children of the petitioner. On notice being issued, the respondent No. 5, so also, the respondent No. 7 have put in their appearances. The respondent no. 5 school has taken a stand that they would abide by the orders that would be passed by the court in regard to the issuance of the Transfer certificate. The respondent No. 7 - husband of the petitioner has opposed the petition, by contending that out of the three children, two girls are above the age of six years, whereas, the son is aged five years and hence, the respondent No. 7 would be the natural guardian and he alone can act as the natural guardian. It is further contended that without the consent of the respondent No. 7 the petitioner cannot claim transfer Certificate of the Children. ( 5 ) PER contra, the learned counsel shri. Bajaj, appearing for the petitioner submits that factual custody of the children is admittedly with the petitioner and that the children are already admitted to a school at Shirur, wherein they are partaking education since the Month of June till date. This fact is not in dispute. It is the case of the petitioner that in the present fact situation, the petitioner herself need to be treated as a natural guardian and in support of this submission, reliance is placed on a Supreme court Judgment reported in (1999)2 SCC 228 githa Hariharan Vs. Reserve Bank of India. The Apex Court, after interpreting the expression natural guardian as defined in section 4 (c) of the Hindu Minority and guardianship Act, proceeded to interpret section of the said Act. Reserve Bank of India. The Apex Court, after interpreting the expression natural guardian as defined in section 4 (c) of the Hindu Minority and guardianship Act, proceeded to interpret section of the said Act. The Apex Court has made the following observations in para 16 :-". . . . . . in all situations where the father is not in actual charge of the affairs of the minor either because of his indifference or because of an agreement between him and the mother of the minor (oral or written) and the minor is in the exclusive care and custody of the mother or the father for any other reason is unable to take care of the minor because of his physical and/or mental incapacity, the mother can act as natural guardian of the minor and all her actions would be valid even during the lifetime of the father, who would be deemed to be "absent" for the purpose of section 6 (a) of the Hindu Minority and guardianship Act and Section 19 (b) of the guardian and Wards Act. "the ratio laid down by the Apex Court in the said judgment squarely applies to the facts of the present case. We have not doubt that while passing orders in the present petition, we would focus only on the aspect of the welfare and well- being of the children. Having regard to the nature of dispute in between the petitioner and the respondent No. 7 and having regard to the fact that the minor children are residing alongwith the petitioner No. 1 at Shirur and are admitted to respondent No. 6 school, in our considered view, we feel that issuing direction to the respondent No. 5 to issue Transfer certificate of the children, would be in the interest of the children and would subserve the ends of justice. Hence, we pass the following order :- ( 6 ) WE direct the respondent No. 5 to issue School Leaving Certificate (Transfer certificate) of the petitioners three children forthwith. We make it clear that the order passed in the present petition will have no bearing while deciding the issue of right to custody of the children between the petitioner and the respondent No. 7 in an appropriate proceeding. This order is without prejudice to the rights of the parties in regard to custody of the children. Rule made absolute in above terms. This order is without prejudice to the rights of the parties in regard to custody of the children. Rule made absolute in above terms. There shall be no orders as to costs. Petition allowed.