Allahabad HC grants daughter's custody to father after finding mother tutored child to claim sexual abuse

The Allahabad High Court has granted permanent custody of a 5-year-old girl to his father after finding that the child was tutored by her mother to accuse the father of sexual abuse.

Justice Sandeep Jain took note of the minor's unequivocal willingness to reside with her father.

It also found that after the minor was temporarily handed over to the custody of her father in July, she appeared to be comfortable, secure and well-cared for.

Accordingly, it granted the man, a doctor, permanent custody of his daughter. However, the Court also said the minor's mother will be extended the right to visitation and interaction with the child.

The order was passed on a Habeas Corpus petition moved by the minor's father in June alleging that his wife was creating obstruction and hindrance in his meetings with the daughter.

He also said that she was heavily tutored by her mother and "taught such abusive and sexual content" which are beyond her age and logic. Thus, he prayed for permanent custody of the minor.

Following an interaction with the minor, the Court in July noted that she was being used as a pawn in the fight between the husband and wife.

"It is apparent that the corpus has been heavily tutored by her mother, as such, no reliance can be placed on her submission that she was sexually abused by her father. It is further apparent that given the tender age of the corpus, she is influenced and it is further apparent that her living with the private respondents is not proper because she has tutored these things to her daughter which will affect her mental health and future," the Bench said on July 9.

The Court had then handed over the minor's custody to her father. On August 17, the Court again interacted with her.

She is stated to have claimed that she was quite comfortable with her father and was residing with him. She also told the Court that her paternal grandparents also reside with them at Amravati in Maharashtra.

"From the demeanor and conduct of the corpus, it was apparent that she has developed a strong emotional bond with the petitioner and feels secure and comfortable in his company and custody. She unequivocally expressed her desire to continue residing with her father," the Court noted.

Meanwhile, the minor's father told the Court that he has secured an ex parte divorce decree in the matrimonial dispute with his wife. Seeking the minor's permanent custody, he submitted that he is financially capable of providing for the corpus and attending to all her needs.

The request was opposed by his former wife. She said that he had fraudulently obtained the ex parte decree of divorce, and prayed for custody of the child.

Considering the child's unequivocal expression of preference and the strong emotional bond she appeared to have developed with the petitioner, the Court said it was not persuaded to disturb the existing custody.

It, thus, handed over the child's permanent custody to the father.

Advocates Devaang Savla and Utkarsh Srivastava represented the petitioner.

Advocates Anju Shukla and Shailesh Pandey represented the respondent.