12/04/2026
Supreme Court of India transferred the investigation of a POCSO case filed against the father to the CBI, noting the prolonged nature of the litigation and observing that “this is one of those very unfortunate litigations before this Court pending past almost 2 years.”
The case arose out of a matrimonial conflict between the husband and wife, which led to multiple proceedings, including custody battles and contempt petitions before Karnataka High Court. The dispute directly impacted their minor daughter, aged about 11 years, and Court emphasized that the child was being unnecessarily dragged into the legal battle between her parents.
Initially, the father had succeeded in obtaining custody of the minor daughter, and visitation rights were granted to the mother. However, the situation escalated when the mother lodged an FIR on 28.03.2024 against father, alleging offences u/s 323, 504, and 506 IPC, Section 75 Juvenile Justice Act, and Section 10 POCSO Act.
Supreme Court expressed serious concern about the mental and emotional trauma being caused to the child due to the ongoing litigation. It remarked, “a 10-year-old girl is being traumatised like anything in a legal battle between her father and mother.”
Court also urged the parties to resolve their differences in the best interest of the child and stated, “we are inclined to put to an end all the proceedings between the parties, civil as well as criminal,” but such efforts were unsuccessful.
In subsequent hearings, Court interacted with both parties as well as the minor child to better understand the situation. Based on this interaction, it directed that the child should temporarily stay with the mother and also stayed POCSO proceedings during this period.
Earlier, to de-escalate the situation, Court had stayed all criminal proceedings initiated by both parties against each other and their family members.
Upon examining the FIR and status of the investigation, Court emphasized the necessity of a fair, impartial, and sensitive investigation.
Accordingly, SC ordered the constitution of a specialised committee headed by a DIG-level officer, along with a lady psychologist and other experts.
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