New Delhi, Aug 1 A Delhi court has granted visitation rights to a man who had been accused by his wife of sexually assaulting their minor daughter.
The court observed that the Delhi Police had not found any credible evidence to support the allegations against him.
The Delhi Police filed the closure report filed after an investigation into the FIR, which was registered last year under section 10 of the POCSO Act and section 354 of the Indian Penal Code.
Family Court judge Harish Kumar of Patiala House Court ruled that the minor child should be allowed to be with her father for two hours every day from 5 to 7 p.m. in a nearby park, as both parties reside within a distance of 100 meters.
The court also advised the mother to be present around the child during the visits but stay 50 meters away to ensure the child's unhindered access to her father.
The court said that the parties should not raise complaints if the visitation schedule varies by 10-15 minutes.
The father had moved the family court seeking permanent custody of the minor child through a guardianship petition.
He filed an urgent application seeking interim custody until the case is over, seeking six hours of unsupervised access to his daughter at his residence daily.
The couple married in October 2019, and their child was born on January 23, 2021. The father claimed that the mother had falsely registered the FIR against him to deprive the child of his love and care.
In contrast, the mother alleged that the father was a "man with a perverted mind" and there is a danger to the child, accusing him of sexually assaulting her.
The court granted relief to the father, stating that the mother was "excessively over imagining" his actions towards their daughter. It observed that there was no credible evidence to substantiate the mother's allegations and that her charges appeared to be motivated.
The court stressed that no parent should deny a child's right to love, affection, and care from the other parent due to personal grievances or misunderstandings.
After reviewing the charge sheet filed by the police, the court noted that the investigating officer (IO) had found no mention of child abuse in the mother's previous written communications.
While acknowledging that the mother could better understand her child's touch, the court cautioned against accepting all of her claims without scrutiny. It recognised the responsible approach taken by the IO and legal authorities during the investigation.
As of now, the father stands on better footing regarding his desire to meet his minor daughter, as no direct or circumstantial evidence has been found to prosecute him except for the mother's statement.
The court directed the mother to cooperate and not interfere in the child's meetings with the father.
--IANS
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