Bombay High Court Grants Custody of 12-Year-Old Girl to Mother Accused of Murder

The Bombay High Court in Mumbai has directed the handover of custody of a 12-year-old sexual assault survivor to her mother, who is currently facing charges for her husband's murder.

Justices Sarang Kotwal and Ashish Chavan ruled on Tuesday that the child requires mental support, which staying with her mother would provide. The decision came after the mother filed a habeas corpus petition to regain custody of her elder daughter.

The family's legal troubles began after the father's death. The mother was arrested under allegations that she was involved with an individual who assaulted and killed her husband on July 15, 2025. She was later granted bail on January 7.

Following her release, the mother reclaimed her two younger children but was prevented from taking her eldest daughter by her sister-in-law. The mother's petition alleged that while the 12-year-old was living with her paternal uncle, she was subjected to sexual assault.

An FIR was registered against the uncle on April 21 under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences (POCSO) Act.

The mother's advocate, Vinay Bhanushali, argued that a bail condition preventing the mother from contacting witnesses—as the daughter was a witness to the case—was the only obstacle to their reunion. However, the bench noted that a vacation court had already removed this restriction on May 20.

During the court hearing, the 12-year-old girl was present alongside her paternal aunt. The judges interviewed the child to understand her wishes. The bench noted that she categorically stated her desire to return and stay with her mother. Following the interaction, the court ordered the paternal aunt to immediately hand over custody to the mother.