4 min readBengaluruApr 9, 2026 11:53 AM IST
In a case of family dispute of a Bengaluru couple, the Supreme Court on Tuesday directed the Central Bureau of Investigation (CBI) to investigate a case where the woman has accused her divorced husband of sexually assaulting their minor daughter.
A bench of Justice J B Paradiwala and Justice K V Viswanathan, in its order, said, “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 take over the investigation from the investigating agency in charge of the investigation as on date.”
The court directed the CBI to constitute a committee, headed by a DIG-ranked officer nominated by the CBI director, for effective and meaningful investigation. The committee will also consist of a renowned woman psychologist and a woman doctor.
Earlier, based on the complaint of the mother of the 11-year-old daughter in March 2024, the police initiated a medical examination of the victim, which allegedly indicated that sexual assault had taken place.
The police at Jayaprakash Nagar station on March 28, 2024 registered a criminal case for offences under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (Punishment for cruelty to child), Section 10 of the Protection of Children from Sexual Offences Act, 2012 (Punishment for aggravated sexual assault) and other provisions of the Indian Penal Code (IPC).
The bench directed CBI to launch an investigation after constituting the committee and file a status report before the court. Further, it directed parties to extend full cooperation in the investigation. It also made it clear that CBI shall not take any coercive step against either party.
Legal fight over custody of child
The case between the couple began in 2018, when the father of the child moved the family court in Bengaluru under Section 25 of the Guardians and Wards Act, 1890. The family court, on analysing the averments made by the parties, directed the mother to hand over the custody of the minor child to the father on March 3, 2022.
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The husband had alleged that the appellant developed an illicit relationship at work in 2016, a year after the child’s birth. She used to be away with her partner during weekends, while he and his parents, with the help of a housemaid, used to take care of the child. The husband had alleged the child was growing in an “unholy atmosphere”.
The mother challenged the order in the Karnataka High Court, which, on January 31, 2023, upheld the family court order and granted visitation rights to the mother. The mother filed a contempt petition in the high court alleging disobedience of the court order granting visitation rights to her. The High Court vide its order dated December 14, 2023, modified the visitation order.
Subsequently, the father moved the apex court challenging the interim order. The Supreme Court, which heard the petition for over two years, observed that “This is one of those very unfortunate litigations before this court pending for almost two years. This litigation has something to do with a matrimonial dispute between the husband and wife, and in the process, their daughter, a young girl aged 11 as of this date, is being tormented for no good reason.”
The court has now posted the matter for further hearing on July 17.
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