12-yr-old girl denied relief under Domestic Violence Act
A 12-year-old girl who used a domestic violence law against her divorced father, to be able to switch to a school close to her mother, was denied her wish by a magistrate’s court, reports Urvi Mahajani.india Updated: Jul 05, 2009 01:18 IST
A 12-year-old girl who used a domestic violence law against her divorced father, to be able to switch to a school close to her mother, was denied her wish by a magistrate’s court.
Anita (name changed on request) used the Protection of Women from Domestic Violence Act (DV Act) against her father who wants to stop her from moving to a school of her choice.
Judicial Magistrate First Class (JMFC) Prashant Kale on Saturday refused interim relief to Anita, who had filed a complaint in a Pune court against her father alleging “mental and emotional violence.”
Anita filed the complaint on June 20, after her father got a stay order from a family court on April 4, against her moving from a boarding school in Tamil Nadu to Pune, where her mother now lives.
She has said she wanted to move to and study in Pune because she feels “alone and home sick” after her older sister passed out of the school earlier this year. Asim Sarode, her lawyer, said, “Her application will come up for hearing later, but before that we plan to move the Sessions Court.”
Her father opposed her school change saying her mother had violated conditions of the Consent Terms signed in a family court at Nagpur (where they lived before the divorce). The consent terms say the other parent has to be consulted before taking any decision concerning Anita.
A Faleiro, the father’s advocate, pointed out the consent terms to the JMFC and said the mother has not consulted the father before deciding to move Anita to a Pune school.
Anita’s petition alleges that her mother had informed her father “in good faith and as a law abiding citizen” about her intention of studying in a school closer to her mother.
Instead, her father moved the family court and obtained a stay on Anita moving out of her boarding school in Tamil Nadu.
After failing to get interim relief, Sarode said, “The court failed to understand the effectiveness and the objective of the DV Act”. Her parents possess joint custody of Anita, according to a Compromise Petition they signed five years ago at the time of their judicial separation.