Court confirms father's obligation under Domestic Violence Act to support daughter's post-graduation fees despite her attaining majority.
In a landmark judgment, the Karnataka High Court, presided by Justice H.P. Sandesh, has dismissed a criminal revision petition filed by Vincent Correa, challenging a lower court's order mandating him to pay Rs. 16,00,000 towards his daughter's postgraduate education expenses. The case, Vincent Correa v. Viyola Prathvi Correa, revolved around the interpretation of the Protection of Women from Domestic Violence Act, 2005, specifically concerning the financial obligations of parents towards their major unmarried children.
The respondent, Viyola Prathvi Correa, an unmarried major daughter pursuing an MD in Dermatology, had initially filed an application under Section 20(d) of the Domestic Violence Act, seeking monetary relief for her educational expenses from her father. The trial court, followed by the appellate court, had ordered the father to pay the amount, considering it his duty to support her education, a decision now upheld by the High Court.
The judgment emphasized that the obligation of parents to provide for their child's education does not cease upon the child attaining majority. The court noted that the definition of "aggrieved person" under the Domestic Violence Act includes major unmarried daughters pursuing education, thereby entitling them to seek monetary relief from their parents.
The petitioner argued that since the daughter was receiving a stipend and had attained majority, he was not liable under the provisions of the Domestic Violence Act. However, the court refuted this argument, noting that the father's financial capability and the absence of alternative income sources for the daughter justified the monetary support.
This decision underscores the broader interpretation of the Domestic Violence Act, extending its protective measures to include financial support for educational pursuits, thereby reinforcing the moral and legal obligations of parents.
Bottom line:-
Protection of Women from Domestic Violence Act, 2005 - Unmarried major daughter pursuing education can seek monetary relief under Section 20(d) of the Act for educational expenses from her father, as the obligation to provide financial support for education does not extinguish upon attaining majority.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 Sections 2(a), 2(b), 20(d), Code of Criminal Procedure, 1973 Section 125.
Vincent Correa v. Viyola Prathvi Correa, (Karnataka) : Law Finder Doc id # 2943832
