Bombay High Court quashes domestic violence case lodged against woman by her mother

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The Bombay High Court on Tuesday quashed a domestic violence case registered against a 23- year-old woman by her mother, noting that she had been caught in the crossfire of acrimony and matrimonial dispute between her parents.

A division bench of Justices S S Shinde and Manish Pitale was hearing a petition filed by the woman, seeking to quash the proceedings initiated against her by her mother before the Andheri metropolitan magistrate court in 2018 under the Protection of Women from Domestic Violence Act.

The woman, in her plea, said she wants to pursue higher education in Australia and the pending case lodged against her by her mother is creating hurdles in the visa process.

The court noted that the petitioner was a young woman, who has just graduated, and her future depends on how she is able to improve her educational qualifications and develop her personality. "It is surprising that her own mother is hell bent on creating obstructions in her progress," the court said.

The petitioner's mother sought dismissal of the petition, saying her daughter only wanted to escape the proceedings and also made statements about the latter's character, alleging that she had many boyfriends.

The court in its order noted that the relationship between the petitioner's parents was extremely bitter and the same has spilled over to the children. There was only one allegation of assault against the petitioner and that too seems like an "exaggeration and has arisen out of anger", as the petitioner decided to stay with her father, the court said.

"The respondent no 1 (mother) has developed bitterness and anger, not only against her husband, but her daughter that is the petitioner too. It is for this reason that she has levelled allegations against her own daughter pertaining to her character and other such things," the court said.

The bench added that it did not wish to comment on the allegations and said, "It is evident that the petitioner is caught in the crossfire of acrimony and matrimonial discord between her mother and father."

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