High Court Reunites Two Children With Mother After She Refuses Compromise In Daughter’s Sexual Assault Case In Indore

Indore (Madhya Pradesh): The Indore bench of the Madhya Pradesh High Court has ordered immediate restoration of custody of two minor children to their mother after she was allegedly thrown out of her marital home for refusing to compromise in a sexual offence case involving her elder daughter.

A division bench of Justice Subodh Abhyankar and Justice Alok Awasthi issued the direction while disposing of a habeas corpus petition filed by the woman, identified as Kavita.

According to the petitioner, her five-year-old daughter is the victim of a serious sexual offence and criminal proceedings are underway. Kavita said she was pursuing justice for her daughter despite pressure from her husband to reach a compromise with the accused.

When she refused, her husband allegedly forced her out of the house and took custody of their two children, aged five and three.

Kavita initially approached the Child Welfare Committee (CWC), which placed the children in protective custody at Jeevan Jyoti Ashram shelter home. She subsequently moved the High Court through a habeas corpus petition seeking custody of her children.

During the previous hearing on Aug 14, the court directed that the children be produced before it and issued notice to the husband.

When the matter came up on Tuesday, both children were produced before the bench. The court noted that despite being informed about the proceedings, the husband failed to appear.

Taking note of the facts and the husband's absence, the High Court directed that both children be handed over to their mother immediately.