HC supports 82 yr.old mother in her DV case against daughter

An 82-year-old mother, who has lodged a complaint against her daughter and son-in-law under the Domestic Violence (DV) Act and the Indian Penal Code, received support from the Bombay high court that refused to quash the FIR against the daughter and the son-in-law.

A division bench of justice NH Patil and justice KU Chandiwal dismissed the petition filed by Neeta Adhikari (51) and her husband Capt Satishchandra Adhikari (retired pilot) seeking quashing of the FIR observing that “prima facie” there was evidence against them.

Dr Kumudini Arun Roy Choudhary had lodged a complaint with the VP Road police station at Girgaum on March 25, 2010, against Neeta and Satishchandra alleging that they have been occupying their flat and demanding money for vacating the same.

Ganesh Sovani, advocate for Choudhary, argued that the daughter and son-in-law have been harassing the parents and had pushed them on one occasion in front of the incoming tenants. Sovani argued that the daughter demanded Rs32 lakh to vacate the premises.

Before lodging the FIR, Choudhary had given a written complaint at the police station under the DV Act in February 2008. The witnesses have stated that the Choudharys were put under threat and put to extortion to succumb to the demand of Neeta and Satishchandra. “We find in the statement of few of the witnesses, role is attributed to the Petitioners (Neeta and Satishchandra),” observed the high court.

The allegations were refuted by Adhikaris’ counsels. They argued that a civil suit was filed by them in the city civil court which is pending. The court refused to accept the argument observing: “Prima-facie, we find the FIR is not used as a cloak or a short cut to avoid civil litigation.” Dismissing the petition for quashing the FIR, the high court has asked the Adhikaris to approach the trial court seeking discharge from the case.