Mumbai: In a relief to a 23-year-old woman, the Bombay High Court on Tuesday quashed the domestic violence proceedings initiated against her by her own mother. The high court refused to accept the contention of the mother that the daughter assaulted her and has too many boyfriends.
A bench of Justices Sambhaji Shinde and Manish Pitale while quashing the proceedings said the allegations levelled against the daughter, a resident of Andheri, by her own mother were "absurd."
The bench was hearing a plea filed by the daughter seeking to quash the criminal proceedings initiated against her by Magistrate Court, Andheri, at the behest of her mother. The mother had filed domestic violence case against her husband and her own daughter.
In her plaint before the Magistrate, the mother alleged that her daughter assaulted her after her (mother's) husband instigated her. The mother also claimed that the daughter even poured boiling water on her feet.
To buttress her case, the mother claimed that her daughter had "too many boyfriends."
In her plea before Justice Shinde, the daughter through her counsel Kenny Thakkar sought to quash the proceedings as it was acting as a major obstacle for her further studies. She told the bench that she had applied for post graduation course in a university in Australia, however, the rules there mandated that the aspirant shouldn't have any pending criminal case against them.
Accordingly, she urged the judges to quash the criminal case of domestic violence filed against her by her own mother. "The Petitioner (daughter) is a young lady, who has just graduated and her future depends upon how she is able to improve her educational qualifications and develop her personality. It is only in the interest of justice, that this aspect of the matter is also taken into consideration," the bench noted.
"It is surprising that her own mother is hell-bent upon creating obstructions in her progress. She has stated that it is not necessary for the daughter to go abroad for higher education and that the said ground is being raised only as an excuse to avoid legal proceedings," the bench added.
As far as the contention of the mother that her daughter has too many boyfriends is concerned, the judges refused to comment on this allegation.
The judges further said that the allegations against the daughter were exaggerated by the mother as she wasn't happy with the fact that the daughter continued to live with the father.
"We find that the allegation levelled by the mother against the daughter are exaggerated and her anger and bitterness arising from matrimonial discord with her husband, is leading to serious impediment in the progress of her own daughter," the bench concluded.
"We are also of the opinion that the allegations seem to be made in a fit of anger and they could be said to be improbable in the peculiar facts and circumstances of the case," the bench opined.
The judges further said that after perusing the plaint and evidence on record it showed that except the exaggerated allegation of assault (against the daughter) all other allegations are against her father and thus granted relief to the daughter.
