Minor boy wins legal victory against father
Pune: A 11-year-old boy scored a legal victory
against his estranged father who was ordered by a local court
to meet his educational and day-to-day expenses in perhaps the
first case where a male used the Protection of Women against
Domestic Violence Act to get relief.
In the ruling on a plea filed by the boy under section 20
(2)of the Act, Judicial Magistrate Umeshchandra More directed
the father to pay both educational and general day-to-day
expenses to his son till he attains the age of 18 years. The
landmark legislation was enacted in 2005.
A sum of Rs 12,000 is to be deposited by the father in a
bank account every year to meet the boy`s daily expenses while
the educational expenses would be paid directly to the school,
Advocate Aseem Sarode, who appeared for the petitioner said.
Sarode said the magistrate gave the order in December
2010 but a certified copy was made available only last week.
The parents of the boy had obtained divorce with mutual
consent in 2005. The aggrieved boy stays with his mother. The
father is reported to be a software professional.
"Contrary to the popular belief that the Domestic
Violence Act applies to only women, it can be invoked also in
the case of minors who suffer any sort of harassment within
the institution of family and the act is gender neutral in
nature", Sarode added.
Cases filed under this Act are usually filed by women, he
said, adding, "but to my knowledge, this is the first time a
male has moved court against his father."
The boy is reported to have taken the view that he feels
rejected and depressed because of insufficient support from
his father. He also requested that since his mother has been
taking care of his education until now, it was time his father
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