Mumbai: HC relief for woman booked on mother’s complaint under Domestic Violence Act

The Bombay high court (HC) on Tuesday quashed the criminal proceedings initiated by a city resident against her daughter under the Protection of Women from Domestic Violence (DV) Act, 2005, on the grounds that the allegations made were inherently improbable and were being made by the mother as she was unhappy that the daughter was with her estranged husband, the main accused in the case

The Bombay high court (HC) on Tuesday quashed the criminal proceedings initiated by a city resident against her daughter under the Protection of Women from Domestic Violence (DV) Act, 2005, on the grounds that the allegations made were inherently improbable and were being made by the mother as she was unhappy that the daughter was with her estranged husband, the main accused in the case.

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The daughter, a 23-year-old had approached HC seeking quashing of the domestic violence case against her as the allegations were arbitrary and she wanted to pursue further education in Australia.

A division bench of justice SS Shinde and justice Manish Pitale, while hearing the writ petition filed by the daughter, was informed by advocate Kenny Thakkar that her client was unnecessarily arraigned in the domestic violence case filed by the mother against her father. It was further argued that the mother’s complaint under the DV Act had mostly highlighted the alleged atrocities by the father and there was only one instance of violence against the daughter, which showed that the daughter was being dragged into the acrimony and matrimonial discord between the wife and husband unnecessarily, and out of spite as she was staying with the father.

Thakkar further submitted that her client had completed her engineering course and wanted to go to Australia to pursue further education, but due to the pending criminal case she was unable to get a visa and hence the proceedings against the daughter should be quashed and set aside.

However, advocate E Moses for the mother submitted that the daughter was seeking quashing on the pretext of wanting to go to Australia to escape prosecution during trial and also place a photograph of the daughter pouring hot water on the mother’s feet as proof of the violence perpetrated by the daughter.

After hearing the submissions, justice Pitale in the order observed, “The Petitioner is a young lady, who has just graduated and her future depends upon how she can 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. Surprisingly, her mother is hell-bent upon creating obstructions in her progress.”

Justice Pitale further noted that the DV Act was for the protection of a woman against atrocities from her husband or any male member and hence the daughter could not come under the purview of the Act. The bench also noted that as the photograph was not placed before the magistrate the same could not be relied upon.

In light of these observations and conclusions, the bench quashed the proceedings against the daughter in the DV case and disposed of the petition.