On Tuesday, the Bombay High Court granted custody of a 12 year-old girl to her mother, who is facing trial for allegedly murdering her husband, holding that the child’s welfare must remain the paramount consideration. The Court was called upon to determine the child’s future in circumstances where she was not only an alleged sexual assault survivor but also a material witness in her father’s murder case, making her welfare the central consideration.
The dispute arose after a woman, who had been arrested in connection with her husband’s alleged murder and later released on bail, sought custody of her elder daughter. While custody of her two younger children had already been restored to her, the daughter continued to stay with paternal relatives. The mother contended that the child had allegedly been sexually assaulted by her paternal uncle during that period, leading to the registration of a criminal case. She argued that, in light of these developments, the child required the emotional support and protection of her mother. The request was opposed in the backdrop of the pending murder prosecution, where the daughter is also a crucial witness against her mother.
The Division Bench of Justice Sarang Kotwal and Justice Ashish Chavan examined the circumstances surrounding the child’s custody and noted that the girl herself expressed a desire to live with her mother. The Court took into account the allegations of sexual assault while the child was residing with paternal relatives and concluded that it would be “in her best interest to live with her mother for mental support.” The Bench also noted that the mother had obtained modification of her bail conditions to permit contact with her daughter despite her status as a witness in the criminal case. Giving primacy to the welfare of the child, the Court directed that custody of the minor be handed over to her mother.
Source PTI
Picture Source :