“Anger against husband spilled over to children:” Bombay High Court

The Bombay High Court quashed criminal proceedings under provisions of the Protection of Women from Domestic Violence (DV) Act initiated by a mother against the daughter.

The Court was hearing the case of Vanisha v. XYZ & State of Maharashtra.

In this case, the mother has filed a complaint before the Metropolitan Magistrate at Andheri, Mumbai under provisions of DV Act against her husband and their daughter.The mother has just made a single allegation against her daughter of pouring hot water to her feet.

A Bench of Justices SS Shinde and Manish Pitale observed that the allegations against the petitioner-daughter were improbable and were made by the mother only because the petitioner chose to stay with her father.

The daughter has moved to the High Court in order to quash the allegations made against her by her mother.

She contended that the mother had made these allegations only because she choose to stay with her father and this was going against her career and the action of mother was creating obstacles on her prospects of studying abroad.

The Court said that the daughter has been caught in the “crossfire of acrimony and matrimonial discord” between her parents and the pendency of the case would be a hurdle for the petitioner-daughter to obtain a Visa.

It, therefore, quashed the proceedings initiated by the mother against the daughter.

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