Emancipation from parent

Unlike in the West where just after reaching age of "majority" a person can simply walk to the nearest County Court House and get h/erself a "Emancipation Certificate", in India we really do not have such system in practice from Manu Samhita days followed by British Raj days enacted various Acts / Codes to present days Women and Child Development Ministry women centric laws.

 

Any female once born in India be she still has 3 more years yet to reach a reference point called "major age female" as per Indian law she can be only “Empowered” via various implied women centric reforms but can never be given opportunity to feel totally "Emancipated from parents" to seek Legislative or Constitutional changes and treat herself to a gift of Emancipation by way of an Certificate from District Court as happens in West on drop of an “women’s” 'wishes' as comparative education placed here for your realization how (un)fortunate your situation is now living in India.

 

Bad luck to you girl, stop searching further in Law books or in legal forums or even by way of a 'Writ' in common Law followed Indian Courts no matter how worse situation as in your fact sounds like to you. You may be allowed to do what you want after 3 more years when you become major with your own life but legal sanctity as in “Certificate of Emancipation” within boundaries in Indian Law is next to impossible to get unless total Judicial and legislative reforms we the Indians in India achieve !.

You will make Article 14 and Article 15 (3) Constitution Of India look worst in eyes of Legislatures which is not permissible even in eyes of "larger female public interest" as any adult age woman of India strives for Empowerment and not for Emancipation is legislative thinking thus no such laws exists as of date as asked by you.

If it helps as sound advice since you asked me a question then; sweet talk your way with your father and start to live in a hostel.

Since there is no such law for the purpose, if you feel that it will no more be possible to live with him any more together, you may opt to leave the house and stay in any hostel so that you can avoid his  tortures and other embarrassing situations

We do not live together, I live with my mother. However, he shows up at my school, creates scenes, and is generally unendurable. Is a restraining order an option? 

1.    A minor (child) cannot petition a Court herself in any type of legal proceeding because she is not of age, another adult can pursue a case on her behalf.

2.    Another adult herein could be; your natural mother, one of your relative, a social worker of some local standing or even an NGO etc.

3.    BTW, what is your mother’s opinion on ongoing agitation of yours i.e. your natural father making a contact with you? Discuss such teen issues within family first if same could be resolved amicably, then, there may not be need to visit Court!

Alternate way out could be to talk to your immediate Class Teacher to convey your repulsive feelings towards a separated father and request her to convey your feelings during PTM to your mother. We suppose your mother attends those PTM’s and she may then protect a minor's 'best interests' accordingly.

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The school as well as my mother are fully aware of my situation and empathise. However, the school maintains that it cannot legally prevent him from entering the campus. So, what you're essentially saying is that either we sort it out amicably [which has not worked] or an adult must file for me, as I am a minor?

Right resort is go to police station with your mother and lodge a complaint against your father who is doing domestic voilence with u. For more call 9910657998 mahavir singhadvocate.

Oh, no it's not that far. It's not reached the point of physical violence. thankfully. If something like that did happen, I would go straight the police.