Allahabad High Court Grants Father Custody After Mother Allegedly Coached Daughter to Claim Sexual Abuse

The Allahabad High Court has granted permanent custody of a five-year-old girl to her father after observing that the child appeared to have been tutored by her mother to make allegations of sexual abuse against her father.

While considering the child's interaction with the Court, the High Court noted that her clear willingness to continue living with her father could not be ignored.

Custody Dispute Reached High Court Through Habeas Corpus Plea

The order was passed on a habeas corpus petition filed by the minor girl's father.

In June, the father approached the High Court alleging that his wife was creating unnecessary obstacles during his meetings with their daughter. He also alleged that the minor had been tutored by her mother.

According to the father's plea, some of the statements being made by the child were beyond what could ordinarily be expected from a child of her age. He alleged that she had been taught abusive and sexual content.

Court Earlier Observed That Child Was Being Used as a Pawn

During an earlier hearing, the Allahabad High Court observed that the child appeared to have been caught between her parents in their matrimonial dispute. In July, the Court had directed that she stay with her father.

The minor was also heard separately in the judges' chambers. According to the Court's observations recorded in the proceedings, it appeared that the child had been heavily tutored by her mother.

The Bench headed by Justice Sandeep Jain had made these observations in its July 9 order.

Minor Told Court She Was Happy Living With Her Father

The Court had also directed the father to ensure that the girl resumed school immediately after returning from her holidays. The minor later interacted with the Court again on August 17.

During the interaction, she told the Court that she was happy living with her father. She also stated that her father and her maternal grandparents were residing in Amravati, Maharashtra, and that she wished to stay with them.

Father Sought Permanent Custody After Ex Parte Divorce Decree

The father subsequently informed the High Court that an ex parte divorce decree had been passed in the matrimonial proceedings between him and his wife.

Seeking permanent custody of the child, he submitted that he was financially capable of providing for his daughter's education, welfare and other needs.

The mother opposed the request for permanent custody. She alleged that her former husband had obtained the ex parte divorce decree by deception and requested that the child be placed in her custody. She also submitted that the girl had been studying in Lucknow.

High Court Declines to Disturb Existing Custody Arrangement

After considering the circumstances, the High Court found no sufficient reason to disturb the existing custody arrangement and granted permanent custody of the minor girl to her father.

Lawyers Appearing in the Matter