Pune: Court upholds woman’s right to pursue education, Husband directed to give NOC for child’s travel to Germany
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Camp, 27th February 2023: The Pune Cantonment court has directed a 41-year-old techie to give his wife a ‘no objection’ certificate (NOC) allowing their eight-year-old son to travel to Germany for education. The woman, who had received an opportunity to pursue her master’s degree in Germany, had been facing resistance from her husband in taking their son along. However, the court observed that a woman cannot be forced to choose between her child and her career and that she has the right to take her child with her.
The couple, who got married in Pune in June 2012, had been fighting over trivial issues, leading to the husband filing for divorce on the grounds of cruelty in May 2022. In response, the woman filed a case against her husband under the Domestic Violence Act. The woman, who completed her MBA, got an opportunity to pursue her master’s in Germany and planned to move there on April 1, 2023, for two years of study. She had been granted a two-year student visa and had borrowed Rs 5.80 lakh for the purpose. The woman’s son had been living with her, and she was the only one who looked after him.
The woman had mentioned in her application that she intended to bring her son with her to Germany and inquired about his admission to a good school there. The husband had opposed the application, claiming that he had been caring for his son since birth and that they had been living together before he left for the UK.
However, the woman’s lawyer, Advocate Bharat More, submitted High Court judgments in support of the application, stating that a woman should be allowed to pick her career and should not be forced to choose between her children and education.
After hearing both sides, Judicial Magistrate First Class C N Ondare ordered the husband to issue the wife a NOC, stating that the wife had a right to go to Germany for completing her MBA and had a right to take her son with her. The judge further observed that a woman cannot be compelled to choose between her child and her career.
The ruling sets an important precedent in protecting a mother’s rights to pursue her education and career without being forced to choose between her child and her career. The court’s decision highlights the importance of balancing a mother’s career goals and her parental responsibilities and supports the concept of shared parenting.
Advocate Bharat More, who represented the woman, welcomed the ruling, stating that a self-sufficient woman’s future should be respected and that a woman should be allowed to pick her career without being forced to choose between her children and education.
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