Supreme Court Asks CBI To Investigate Wife's FIR Alleging Sexual Abuse Of Daughter By Husband Amid Matrimonial Dispute

The Supreme Court recently handed over to the Central Bureau of Investigation the investigation of an FIR lodged by a woman against her husband alleging sexual offences against their 11-year old daughter, after the husband won custody of the daughter.

A bench of Justices JB Pardiwala and KV Viswanathan passed the order, keeping in mind the sensitivity of the case. It stated,

"We want the First Information Report lodged by the mother, i.e., the respondent before us to be investigated in the right direction and in accordance with law. In such circumstances, we are of the view that we should direct the CBI to takeover the investigation from the investigating agency in-charge of the investigation as on date."

The Court ordered that the CBI should constitute a Committee, headed by an officer not below the rank of DIG, and involving a renowned lady psychologist. It further said that CBI shall not take any coercive steps against the parties, although they shall extend their full cooperation.

The case arises out of a matrimonial dispute where, in the words of the Court, the minor daughter of the parties is unnecessarily being tormented. While there are cases pending between the parties even before the Karnataka High Court, the present case itself, which impugns a High Court order modifying visitation rights, etc., has been pending for 2 years. 

As per the record, the petitioner-husband secured custody of the minor daughter, subject to visitation rights of the respondent-wife. However, some time later, in 2024, the wife lodged an FIR against the husband for offences punishable under Sections 323, 504, 506 read with 34 of IPC, Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 10 (aggravated sexual assault) of the POCSO Act.

During investigation of this FIR, the minor daughter was medically examined and medical reports in that record were placed before the court.

On multiple occasions, the Court called on the parties to work out an amiable resolution of their disputes, which would be in the best interest of their child. In one of the orders, it even noted that the allegations levelled by the parties against each other were something beyond imagination.

Later, after having interactions with the parties and the child, the Court decided that the child should stay with the mother. It also stayed the proceedings against the petitioner-husband under the POCSO Act.

Appearance: Sr Advs Indira Jaising and Lakshmy Iyengar, AoRs A Velan, Patil Rekha Chandra Gouda and Divya Swami, AAG Avishkar Singhvi

SLP(C) No. 1092/2024