Brief Timeline

• 2007: Father and mother got married.
• 2020: Matrimonial dispute between the couple began. 
• 2021: Mother filed a POCSO case alleging sexual harassment of both daughters. The father was arrested and spent 51 days in jail. The case remained pending for nearly 4 years, during which the younger daughter's statement could not be recorded. 
• December 2025: The younger daughter appeared before the POCSO Court for the first time. She submitted a written letter stating that her father was innocent, that the allegations were made under pressure from her mother, and that she wished to live with her father. 
• 2026: The Child Welfare Committee placed the 14-year-old in a shelter home. The father and elder sister filed a habeas corpus petition. After personally interacting with the child and ensuring her wishes were free from parental influence, Madhya Pradesh High Court restored her custody to her father and elder sister.

SUMMARY:

Madhya Pradesh High Court handed over the custody of 14-year-old girl to her father and elder sister, despite the father facing trial under POCSO Act for allegedly sexually harassing his daughters.

Court held that the welfare and wishes of the child were of paramount importance and noted that both daughters had stated during the trial that accusations were made under coercion from their mother.

The case arose after the elder sister and father filed a habeas corpus petition alleging that the minor girl had been illegally taken away from their home by District Child Protection Officer and Child Welfare Committee on a complaint lodged by the mother.

The father was already facing criminal prosecution u/s 354 & 506 IPC r/w Sections 9(m) & 10 of POCSO Act based on allegations made by the mother that he had sexually harassed both daughters. However, during cross examination, both daughters had denied the allegations of sexual harassment against their father.

The petitioners argued that criminal case stemmed from an ongoing matrimonial dispute between the parents and the minor had been forced to remain with her mother and later in a shelter home against her wishes.
They further submitted that child is preparing for JEE and her education is being adversely affected due to her continued stay in the shelter home.

Court personally interacted with the minor, her elder sister, and their mother and recorded that child expressed her desire to reside with her father and sister and attributed criminal case to matrimonial dispute between her parents.

The elder sister, who was also an alleged victim in POCSO case, informed the Court that she is a B.Tech graduate and is employed. She stated that her father had always cared for both daughters and that she and her younger sister had been compelled by their mother to level false allegations of sexual harassment against him.

Court noted that minor had been kept in Jeevan Jyoti Ashram for 15 days to ensure that she was free from the influence of either parent before any decision regarding custody was taken. Even after this period, child remained consistent in her wish to return to her father and elder sister. She further informed the Court that she had already lost valuable preparation time for her upcoming examinations because of the matrimonial conflict between her parents.

After evaluating statements of both daughters and circumstances of the case, High Court concluded that they were sufficiently mature, career-oriented, and capable of making an informed decision regarding where they wish to reside.

Accordingly, HC directed that custody of the minor girl be handed over to her father and elder sister. Court also directed that she be provided with a mobile phone and contact number of the concerned SHO, who was instructed to respond to any complaint made by her at any time.