BOMBAY HC QUASHED A CRIMINAL PROCEEDING INITIATED BY A MOTHER AGAINST HER DAUGHTER OVER ANGER AGAINST HER HUSBAND 

22nd April 2021

The Bombay HC quashed a criminal proceeding initiated by a mother against her daughter under the provisions of the Protection of Women from Domestic Violence Act, 2005 (“DV Act). The daughter was seeking quashing of proceedings initiated by her mother claiming that she is facing the wrath of her mother due to matrimonial discord between her mother and her father. She has been unnecessarily dragged into the said proceedings and that this is having a detrimental effect on her prospects of studying abroad. Her mother initiated the proceeding in the year 2018 when the Petitioner was in the final year of her Engineering course.

The counsel appearing for the Petitioner submitted that the proceeding under the DV Act was initiated against the husband and that only because the Petitioner continued to live with her father that mother had joined the daughter as a party to the said proceedings.

The court held that allegations levelled by Respondent against the Petitioner, borne out of matrimonial discord with her husband.  The bitterness in the matrimonial relationship between the couple has spilt over the Petitioner resulting in an exaggerated statement and a single allegation against the Petitioner about the alleged assault

Author: Papiha Ghoshal

Pc - Rajras