Man's custody plea rejected as family faces molestation charge

A man has been denied interim custody of his 10-year-old daughter by a Delhi court which said it will not be appropriate as his family members are accused of molesting and murdering his wife.
The court noted that the man and his family members are accused of harassing and murdering his wife and the in-laws are also facing prosecution for allegedly molesting her.
"Thus it is clear that the conduct of the family members of the petitioner (man) is suspicious and the said cases would be disposed of by the court of competent jurisdiction, but, from the perusal of the said FIRs, it is prima facie clear that the man has failed to protect his wife from the hands of his family members.

"In the given circumstances, this court is of the firm view that the child who is about 10-year-old and being female child and in view of the facts mentioned in the FIRs, it will not be appropriate for this court to grant interim custody of the child to the man," Additional District Judge Pawan Kumar Matto said.
The man, a resident of east Delhi, had approached the court seeking to hand over the custody of his daughter, who is living with her maternal grandparents after her mother's death, twice in a month.
The court said that granting the girl's interim custody to her father might prove "hazardous" for her and the paramount consideration is the welfare of the child.

The judge said when he had talked to the child in his chamber, she had "straightaway denied to meet" her father.
The girl had also told the judge that his maternal grand parents, uncle and aunt were taking good care of her and she was studying in a reputed school.