Boy scores legal victory over father in landmark verdict
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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 pitched in.
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