Court emphasizes child's autonomy and welfare; directs safeguards to ensure her safety and educational interests.
In a significant ruling, the Madhya Pradesh High Court has ordered the custody of a minor girl, aged 14, to her father and elder sister, following allegations of coercion and false statements made against the father in a sexual harassment case initiated by the mother. The bench comprising Justices Subodh Abhyankar and Alok Awasthi delivered the judgment on July 6, 2026, emphasizing the best interests of the child and the importance of her autonomy in deciding her residence.
The writ petition filed under Article 226 of the Constitution of India sought a habeas corpus order for the minor, who had been removed from her father's custody by the District Child Protection Officer and the President of Child Development Committee at the behest of her mother. The petitioners, the father and elder sister of the minor, argued that the removal was illegal and that the mother had coerced the minor into making false statements against her father, impacting her education and preparation for competitive exams.
The court noted that both the minor and her elder sister had refuted the allegations of sexual harassment and expressed their desire to reside with their father, citing care, affection, and support for their educational pursuits. The minor, who is preparing for the IIT examination, stated that her father has been supportive and that the allegations were a result of matrimonial disputes between her parents.
Given the circumstances, the court directed the custody of the minor to her father and sister, ensuring safeguards for her welfare. The court ordered that a mobile phone be provided to the minor to report any grievances, with the contact number of the local SHO to be made available to her for immediate access. The court also emphasized that the observations made during the habeas corpus proceedings should not influence the ongoing trial against the father under the POCSO Act.
In its order, the court highlighted the autonomy of the minor and her sister, both carrier-oriented individuals, in making their own decisions regarding their residence. The judgment underscores the court's commitment to prioritizing the welfare and educational interests of the child while ensuring her safety and right to lodge complaints if necessary.
Bottom line:-
Habeas Corpus - Custody of minor girl (corpus) - Allegations of sexual harassment against father - Corpus and elder sister refuted allegations and expressed desire to reside with father - Court considered best interest of the child and ordered custody to father and elder sister, with safeguards ensuring her welfare and right to lodge complaints if necessary.
Statutory provision(s):
Article 226 of the Constitution of India, Sections 354, 506 of IPC, Section 9(M)/10 of POCSO Act
