10-yr-old wins maintenance case against father
A court on Thursday ordered a 10-year-old boy’s father to pay him a monthly maintenance after he had filed a petition under the Protection to Women from Domestic Violence Act.india Updated: Apr 02, 2010 00:06 IST
A court on Thursday ordered a 10-year-old boy’s father to pay him a monthly maintenance after he had filed a petition under the Protection to Women from Domestic Violence Act.
This is one of the few known instances when a male has used this legislation since it was enacted in 2005.
The court passed an interim order asking the father to pay Rs 1,500 every month to Chinmay (name changed) until it issues a final verdict.
The court had granted his permanent custody to his mother while the father was allowed to meet him. The father was also asked to pay Rs 500 per month for his son’s education.
But he did not pay, causing the boy emotional and psychological trauma. “Bringing up the son is not only the mother’s responsibility,” said Aseem Sarode, the lawyer who represented Chinmay.
“It was the responsibility of the biological father to pay the money. His attitude had brought great mental and emotional agony to the boy,” Sarode said.
The case has shattered the myth that only girls or women could take shelter under the act when seeking justice on any matter pertaining to domestic violence.
“Section 2 of the act specifically mentions the word child, which is used in a neutral way,” Sarode said.