Out Of Bitterness & Anger Mother Files Domestic Violence Case Against Her Daughter

OVERVIEW

Usually, one must have heard cases about an elderly couple filing a case against their son and daughter-in-law for harassment, throwing them out from their property, etc.

But in this case, a mother filed a DV case against her daughter that even the court found it to be quite absurd.

KEY TAKEAWAYS

• The reference case is Vanisha Vincent Rodrigues v. Jyoti Vincent Rodrigues & Ors. [WP No. 595 of 2021]
• A petition was filed by the daughter before the Bombay High Court to quash the criminal proceedings instituted against her by her mother.
• The petition was heard by a 2 judge bench of Bombay High Court comprising of Justice SS Shinde and Justice Manish Pitale.

BACKGROUND DETAILS

• Vanisha Vincent Rodrigues a 23-year-old lady was dragged to court by her mother Jyoti Vincent Rodrigues who instituted a case of domestic violence against her daughter.
• Jyoti Vincent Rodrigues filed a DV case in the Metropolitan Magistrate Court in Andheri, Mumbai in which most of the allegations were levelled against her husband and only one allegation was made against the daughter based on which she was made a party to the suit.
• The mother in the DV case filed before MM court alleged that her daughter poured hot water on her feet and a photo of the same was attested. The HC however refrained from commenting on the same as there is no veracity of this allegation or any genuineness of the photograph.

FURTHER DETAILS

• The daughter in her petition filed before the HC said that she was made a party in the DV case just because she chooses to stay with her father and not her mother after their separation.
• Also, the young lady said that she was unnecessarily dragged into this case because of the matrimonial conflict between her parents and this can lead to the worst consequences on her career and future possibilities of studying abroad.
• The 23-year old in her petition stated that she has an engineering degree received in 2018 and she wishes to study abroad but the criminal proceeding which had been initiated against her by her mother is creating an obstacle.
• She also contended that the urgency to file this petition was due to the course which she undertook for further studies in Australia is about to commence from May 2021 but before that, she needs to submit a declaration, that there are no criminal proceedings against her.
• The mother responding to this petition said that she is not required to go abroad and this is an excuse devised by her to escape proceedings against her.

COURT OBSERVATIONS & VERDICT

Observations

• The court was surprised to see that the petitioner’s mother is hell-bent to create obstructions in her progress. Also, the court felt that the daughter’s future depends upon how she can develop her personality and improve her educational qualifications.
• The court also agreed to the fact that their child was caught between their cold war and crossfire of bitterness between the parents.
• The single allegation against the daughter seems like an overstatement and the bitterness of the mother has arisen against her daughter because she continues to live with her father.
• The anger aroused not only against her husband but with time even against her daughter to such an extent that being a mother she did character assassination of her child by making statements against her character alleging that she has many boyfriends.
• The court said that the bitterness of the mother towards her husband has brimmed over her children and noting that even their younger child was ordered by a court to stay with the father rather than the mother.

Court Order

• The court found these allegations and sentences made against the character of the daughter quite absurd and said no sensible man could reach a precise conclusion that there are sufficient grounds against the accused.
• The court in its order stated that the relief sought in this petition is maintainable and the proceedings against her are quashed by this court which was initiated by her mother.

Do you think the judgement passed by the Bombay HC was correct? Yes or No Comment below.