A day after Delhi’s Patiala House Court granted visitation rights to a father who is accused of sexually assaulting his minor daughter, the mother of the girl approached High Court to challenge the same.
While granting visitation rights to the accused man who was booked under section 10 of POCSO Act and section 354 of Indian Penal Code, the court observed that the Police has not found any credible evidence to substantiate the allegations against him. The police had filed a closure report in the matter.
The order in the matter was pronounced by Justice Harish Kumar who directed the mother of the minor girl to let her meet with her father for two hours, every day. The visit is supposed to happen between 5 and 7 p.m. in any park close to their house as both parties reside within a distance of 100 meters.
The court maintained that the mother of the child should be 50 meters away from the father and daughter so that she didn’t disturb the two during the meeting.
To mention, the couple in the complaint were married in 2019 and the baby was born in January 2021. The baby’s mother in an FIR had alleged that her husband was a “man with a perverted mind”. The father, however, alleged that the FIR filed against him by his wife is ‘fabricated’ and has no truth in it.
“It is true that a mother can better understand the touch but a mother is not infallible. Hence, not everything what respondent says would be believed or acted upon,” the court said adding that A child has the right to get the love, care and affection of both parents. No parent has the right to deny the child his/her right to get love, affection and care from the other parent because the father has some grievance against the mother or vice versa or has some misunderstanding against each other.
The Patiala House Court order was challenged before the HC for an urgent listing on Tuesday and the division bench headed by Chief Justice Satish Chandra Sharma asked the matter to be listed on Wednesday.
Published - August 02, 2023 08:18 am IST
