MUMBAI: In a relief for a daughter “caught in the crossfire” of matrimonial discord between her parents, Bombay high court on Tuesday quashed the domestic violence case filed by her mother against her.
The verdict by Justices S S Shinde and Justice Manish Pitale came on a petition by the 23 year old that she is facing her mother’s ire for staying with her father. She is slated to go to Australia for pursuing masters in computer engineering course commencing May. But the pendency of the DV case creates hurdles for her to get her visa, her advocate Kenny Thakkar submitted.
The judges noted that the mother filed a DV case against the father. Although she arraigned the daughter, there was only one allegation against her. The mother’s reply said it is not necessary for the daughter to go abroad for further studies and she is using this excuse to avoid legal proceedings. She also made statements on the daughter’s character and that she has many boyfriends. “The petitioner 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 surprising that her own mother is hell-bent upon creating obstructions in her progress,’’ Justice Pitale wrote for the bench.
The judges said it appears that the single allegation of assault against the daughter is an exaggeration and it arose out of anger as she continued to stay with her father. There is nothing to indicate its veracity or even genuineness of photographs annexed. “But, the tenor of the reply does show that the respondent (mother) is not positively disposed towards her own daughter and it is for this reason that she has levelled allegations against her daughter pertaining to her character and other such things. We do not wish to comment on the same. But, it is evident that the petitioner is caught in the crossfire of acrimony and matrimonial discord between the respondent and her husband, who is the father of the petitioner,” said the bench,
The judges concluded that in the facts and circumstances of the case the allegations, borne out of marital discord, can be said to be improbable and fall under category 5 of SC’s judgment in Bhajan Lal case where it laid categories where HC can quash proceedings. They directed quashing of the DV case pending against the daughter before the magistrate’s court.