In a family dispute involving a couple from Bengaluru, the Supreme Court has instructed the Central Bureau of Investigation (CBI) to look into allegations made by a mother against her former husband, who is accused of sexually assaulting their underage daughter.
A bench comprising Justice J B Paradiwala and Justice K V Viswanathan emphasized the need for a proper investigation into the First Information Report filed by the mother. The court expressed its intention for the CBI to take over the inquiry from the current investigating agency to ensure that the case is handled appropriately and lawfully.
The CBI has been directed to form a committee led by a Deputy Inspector General (DIG) appointed by the CBI director. This committee will also include a well-known female psychologist and a woman physician to facilitate a thorough and effective investigation.
The police had initiated a medical examination of the 11-year-old victim following the mother’s complaint in March 2024, which reportedly indicated signs of sexual assault. Consequently, a criminal case was registered at the Jayaprakash Nagar police station on March 28, 2024, under various legal provisions, including the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children from Sexual Offences Act, 2012, along with sections of the Indian Penal Code (IPC).
The Supreme Court has instructed the CBI to commence its investigation after forming the committee and to submit a status report to the court. It has also urged both parties to fully cooperate with the investigation while clarifying that the CBI is prohibited from taking any coercive actions against either party.
The legal battle over child custody between the couple began in 2018 when the father filed a petition in the Bengaluru family court under the Guardians and Wards Act, 1890. After reviewing the statements from both parties, the court ordered the mother to transfer custody of the child to the father on March 3, 2022.
The father accused the mother of engaging in an inappropriate relationship at work beginning in 2016, just after the child’s birth, claiming she frequently spent weekends away with her partner. He alleged that the child was being raised in an unsuitable environment.
The mother contested the family court’s ruling in the Karnataka High Court, which upheld the custody decision on January 31, 2023, while granting her visitation rights. Following claims of non-compliance with this order, the mother filed a contempt petition, leading the High Court to modify the visitation terms on December 14, 2023.
Subsequently, the father appealed to the Supreme Court against the interim order. After hearing the case for over two years, the Supreme Court remarked on the unfortunate nature of the prolonged litigation, highlighting the impact on the couple’s daughter, who is now 11 years old, and stating that she is suffering without justification.
The Supreme Court has scheduled the next hearing for this matter on July 17.
