Court tells Pune man to give maintenance to son

An 11-year-old boy has obtained a court order against his father, compelling him to pay adequate maintenance till he reaches the age of 18, by relying on the provisions of Protection of Women from Domestic Violence Act, 2005. This is arguably the first case of its kind when a male has relied on the Act, which was passed to protect women.

Judicial magistrate first class, Umeshchandra More, passed the order recently. The boy moved the court seeking compensation from his father for not meeting his expenses. The boy filed the case through his mother on February 4, 2010.

In his petition, the boy told the court that the relation between his parents turned sour in 2002. They obtained a divorce by mutual consent from the family court here in 2005. Custody of the child was granted to the mother.

Advocate Asim Sarode, who represented the boy, said both parents have since married again with new partners, but the child remained with the mother.

The family court had decided that the father would pay Rs500 per month as maintenance. However, a dispute broke out between the parents over meeting the increasing expenses, including education. The father allegedly refused to provide maintenance, forcing the boy to file the petition. The father paid the school fees last year, the petitioner’s mother admitted.

The boy had asked the court to grant him monetary relief under section 20 (2), compensation under section 22 and damages for injuries, including mental torture and emotional distress.

The court ordered the father to pay the education expenses of his son till he completes 18 years. He will pay a lump sum amount of Rs12,000 each year for day-to-day expenses. The father has agreed to pay tuition fees for the child’s education from Std X to XII.

“This would not have been possible if the Domestic Violence Act was not in existence,” the petitioner’s mother said.