The court's observation came while granting interim relief to a woman for her child in a domestic violence case against her estranged husband.
"Denial of financial assistance to the child is economic violence and is covered within the definition of domestic violence as defined under the PWDV Act. Be that as it may, the child is entitled to complete her education and is also entitled to other ancillary expenses irrespective of the dispute of parents," Metropolitan Magistrate Shivani Chauhan said while noting that the child has been out of school for reasons which can't be attributed to her own acts.
"Right to Education and maintenance are the basic rights of the child without which her full development cannot take place. In these circumstances, father of the child is directed to deposit the school fees, re-admission fees, transportation fees, examination fees etc. directly with the school where she was earlier studying within 10 days," the court said.
The court also directed the principal of the school to reinstate the child in the same session, in which she would be studying had she not withdrawn, on payment of fees as required according to the rules of the school.
"The school authorities are further requested to provide the child with the class notes for the period which she has missed. They are further requested to ask the teachers concerned to help the child to cope up and catch up with her studies so that her crucial year of education does not go waste," it said.
The court rejected the contention of the father that his wife had voluntarily withdrawn the child from school despite her earlier agreement with him that she would take her entire responsibility.
"Any alleged agreement between the parties (parents), which is detrimental to the interest of the child, especially to the extent that she is unable to complete her education, cannot be considered equitable in the eyes of law. More so, when it deprives the child of her right to education," it said.
It also directed the father to pay other ancillary expenses, including stationary and tuition according to the child's requirement so as to enable her to cover up for the period of seven months which she has missed.