No mother would beat up her own child, says HC in assault case

Mumbai: The Bombay High Court granted bail to a 28-year-old woman, arrested in connection with an assault case involving her seven-year-old son. 

While granting bail, Justice Milind Jadhav remarked, "No mother would beat up her own child," emphasizing that the child had been caught in the middle of a matrimonial dispute between the mother and the father.

The court observed that the child had been suffering as a result of this dispute, becoming a "scapegoat." Medical reports presented to the court indicated that the boy suffers from epilepsy, is malnourished, and is anemic. However, the court also noted that the mother had shown efforts to care for her son, as indicated by various medical documents.

The woman, who had been in custody since October 2023, was arrested after her estranged husband filed an FIR in Mumbai. The complaint alleged that the mother and her partner had repeatedly assaulted the child, with one instance even claiming an attempt on his life. Additionally, the father accused the partner of sexually assaulting the boy.

Despite these allegations, the High Court stated that prima facie all the allegations were unbelievable. The court further pointed out that the police had failed to adhere to mandatory provisions of the Criminal Procedure Code, specifically in informing the accused about the grounds for her arrest.

The boy had been living with his father in Ratnagiri, Maharashtra, since his parents' separation in 2019. In 2023, the woman reportedly took the child from his father and brought him to Mumbai against his will.

The court granted the woman bail on a personal bond of Rs 15,000.