Court Prioritizes Safety and Well-being of Minor Victim in Case Involving POCSO Act
In a significant judgment, the Bombay High Court has ruled in favor of a mother seeking custody of her minor daughter through a writ of habeas corpus. The judgment emphasizes the importance of the child's safety and well-being, particularly in cases involving the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act).
The case, Rajshree Bharat Ahire v. Sunita Kashinath Hasure and Others, involved a petition filed by Rajshree Bharat Ahire, the mother, for the custody of her elder daughter, a minor aged 12 years. The child had expressed her desire to reunite with her mother, away from the current custody of her father's sister, Sunita Kashinath Hasure.
The backdrop of this case is complex, with the petitioner, Rajshree Bharat Ahire, being an accused in the murder case of her husband, Bharat Ahire. The incident, which occurred in July 2025, led to her arrest under various sections of the Bharatiya Nyaya Sanhita, 2023. She was subsequently granted bail, but a condition in the bail order restricted her from contacting witnesses, including her elder daughter, who is a key witness in the case.
In a twist, allegations emerged against Bharat Ahire's brother, accusing him of committing an offense against the petitioner's elder daughter, which falls under the POCSO Act provisions. This prompted the petitioner to file an FIR and seek custody through legal channels.
The Bombay High Court, in its deliberation, recognized the minor's expressed wish to stay with her mother and the potential risk posed by the accused residing in proximity. The court found it prudent to modify the bail condition, allowing contact between the petitioner and her daughter, thereby facilitating their reunification.
During the court proceedings, the minor confirmed her desire to live with her mother, and the respondent, Sunita Kashinath Hasure, raised no objections to this arrangement. The court, considering these factors, ruled to hand over custody to the petitioner, ensuring the child's safety and mental support.
Advocates Mr. Vinay J. Bhanushali and Ms. Supriya Kak represented the petitioner and the respondent-state, respectively. The judgment underscores the judiciary's role in prioritizing the welfare of children in sensitive legal situations.
The petition was disposed of with the directive for immediate custody transfer, marking a crucial step in safeguarding the child's interests amidst ongoing legal challenges faced by the petitioner.
Bottom Line:
Writ of Habeas Corpus - Custody of a minor child - A minor victim of an offense under the POCSO Act expressed her desire to reunite with her mother, the petitioner - The court considered the safety and well-being of the child as paramount and allowed the petition, directing the respondent to hand over custody to the petitioner.
Statutory provision(s): Article 226 of the Constitution of India, Bharatiya Nyaya Sanhita, 2023 Sections 103, 117(2), 115(2), 351(2), 352, 3(5), Prevention of Children from Sexual Offences Act, 2012 Sections 8, 12
Rajshree Bharat Ahire v. Sunita Kashinath Hasure, (Bombay)(DB) : Law Finder Doc id # 2921688
