The court of judicial magistrate (first class) has ordered Chaturshrungi police to book the mother and other relatives under section 341 of Indian Penal Code (IPC) for wrongfully restraining a 10-year-old girl to avail proper school education.
Case :
- Couple got married in 2007 and had been staying in Baner (Pune), since then
- The husband is 40-years-old and into Digital Marketing business, while the wife is 37
- According to husband’s complaint, the wife started living separately three years ago when her extra-marital affair came to light
- The husband alleged that to take revenge, it is then his wife counter filed a case under the domestic violence act, alleging harassment
- The case has been pending since January 2017, while the custody of their daughter has been awarded to the mother
- The husband said that he was trying to admit the child to the best school since June 2017, however, the mother left Baner suddenly and went to reside to her parent’s place in Jalgaon (Maharashtra)
- The mother allegedly did not admit the girl to a school even in Jalgaon
- With no option, the husband filed a petition in the magistrate’s court in April 2018
- However, the husband said he was directed to pay all fees as per his wife’s demand
- The husband overlooked all other problems between him and his wife and continued paying fees, bought new books, uniforms, etc for his daughter
- As per him, he was contended that the education was going on smoothly for his daughter and thus did not raise other issues then
- However, to his shock, he received emails from his daughter’s school last month that she had been missing classes with repeated absenteeism and her admission could be thus cancelled
- The husband called his wife and in-laws, however, they did not pay any heed to his requests
- It is then the husband approached court again last month
Advocates Preetsingh Pardeshi and Naveen Sharma, who represented the man argued that this was violating fundamental child’s rights. The lawyers also argued that the wife was using the pretext of the child as a tool to merely extort money from the separated husband.
Advocate Sharma insisted,
This was a criminal conspiracy by the wife and relatives to keep the girl away from education. They keep her restrained for several days by not sending her her to school. We urged the court to book the woman and others, which was granted by the court under section 156 (3) of Criminal Procedure Code (CrPC) after going through all evidences.
Despite repeated attempts by the media, the woman could not be contacted for her version.
Such cases if alleged to be true, are common tactics used by estranged wives while the divorce/domestic violence/other cases are on going. In most cases, the interest of the children is forgotten and to merely settle score with the husband, the wives use the children to extort money, without parting with any parental rights for the fathers.
The fathers can merely approach court for custody or visitation rights, however, the child is usually brainwashed to an extent that the separated male parent can never have a normal healthy relationship with their children henceforth.
ALSO READ –
http://voiceformenindia.com/in-the-news/joint-parenting-supreme-court/
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