Bombay high court gives custody of 12-year-old sex assault survivor to mother booked for murder

Mumbai: Observing that she requires mental support, the Bombay high court directed the handover of custody of a 12-year-old girl, who was allegedly sexually assaulted by her paternal uncle, to her mother, who is an accused in the murder of her husband.

“This is an additional circumstance which requires that the petitioner’s elder daughter should stay with the petitioner so that there can be mental support to her,” Justices Sarang Kotwal and Ashish Chavan said on Tuesday.

The mother had filed a habeas corpus petition to get the 12-year-old’s custody.

After her husband’s death, the mother was arrested. It was alleged that she was having relations with the accused who assaulted her husband on July 15, 2025, causing his death. On January 7, HC granted her bail.

The mother’s petition said that she brought her two younger children back home, but her sister-in-law did not permit her to take the elder daughter. She alleged that while the elder daughter was residing with her brother-in-law, he had subjected the 12-year-old girl to sexual assault.

On April 21, on her complaint, an FIR was registered against him and he was booked under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act.

The mother’s advocate, Vinay Bhanushali, said as the daughter was shown as a witness to the crime, a bail condition not to influence or contact witnesses was coming in the way of her reuniting with her mother.

The judges noted that on May 20, the vacation court had deleted this condition only in respect of the daughter. “Thus, as of today, there is no hurdle in the petitioner’s daughter reuniting with the petitioner,’’ they added.

The girl was present in court, along with her paternal aunt. The judges interviewed her and “asked her desire”. “She categorically stated that she wanted to go back and stay with the petitioner,” the judges said. They then directed the paternal aunt to hand over her custody to her mother. They permitted the daughter to go with her mother.