Minor’s Firm Wish to Live With Father Prevails: MP High Court Restores Custody Despite Pending POCSO Trial
The Madhya Pradesh High Court has restored the custody of a 14-year-old girl to her father and elder sister after the child unequivocally expressed her desire to live with them, holding that the welfare and informed wishes of the minor must remain the paramount consideration. At the same time, the Court made it clear that its order would not influence the pending criminal proceedings against the father under the Protection of Children from Sexual Offences (POCSO) Act.
The matter came before a Division Bench of Justice Subodh Abhyankar and Justice Alok Awasthi through a habeas corpus petition filed by the father and the girl’s elder sister. They challenged the decision of child protection authorities to place the minor in a shelter home following allegations made by the child’s mother, who is involved in an ongoing matrimonial dispute with the father.
During the hearing, the Bench interacted separately with the minor, her mother and her elder sister to ascertain the child’s independent wishes. The judges recorded that the girl consistently and unequivocally stated that she wanted to reside with her father and sister. She also informed the Court that her stay at the shelter home had disrupted her education and preparation for competitive examinations, while maintaining that her father had been caring for her educational and personal needs.
The elder sister, who has been living with their father, also supported the plea and claimed that allegations against the father had emerged in the backdrop of a prolonged matrimonial conflict between the parents. The Bench observed that both daughters appeared mature, well-informed and capable of expressing an independent preference regarding their residence.
Balancing the child’s welfare with the seriousness of the criminal allegations, the High Court directed that custody be handed back to the father and sister while introducing safeguards for the minor’s protection. The Court ordered that the girl be provided with a mobile phone and the contact details of the local Station House Officer (SHO), who was directed to respond promptly if she sought assistance at any point.
Importantly, the Bench emphasized that the custody decision was confined solely to the child’s welfare in the habeas corpus proceedings and should not be construed as expressing any opinion on the merits of the criminal case pending against the father. The trial court was specifically directed to decide the POCSO case independently and without being influenced by the High Court’s observations regarding custody.
The ruling underscores the judiciary’s consistent approach that, in custody-related matters, the welfare of the child remains the overriding consideration. While criminal allegations must be adjudicated strictly on evidence during trial, the Court reiterated that a mature minor’s informed and voluntary preference deserves significant weight when determining interim custody arrangements, provided adequate safeguards are in place.
