Introduction:

The Karnataka High Court recently voiced concern over the rising phenomenon of ‘malicious parent syndrome,’ where one parent seeks to harm the other by manipulating child custody, restricting visitation, and deceiving the child. Justice M Nagaprasanna expressed worry about the detrimental impact on the child’s psyche and urged parents to reflect before making allegations. This observation emerged in a case involving the third husband of a woman accused under the POCSO Act, filed by the biological father of the child.

Arguments of Both Sides:

The petitioner, represented by Advocate Nitin Ramesh, argued that the complainant was using the child as a pawn to settle personal scores. He highlighted the absence of any POCSO Act allegations in the initial petition filed under the Guardians & Wards Act. The complainant, represented by HCGP K.P. Yashodha and Advocate S. Mahesh, cited Section 29 of the POCSO Act, which raises a presumption against the accused.

Court’s Judgment:

The court scrutinized the records, noting the child’s statement expressing unhappiness with her father for coercing her to memorize false statements against her mother, the petitioner, and the maternal uncle. Justice Nagaprasanna observed that the child was being manipulated to fabricate evidence while in the custody of the complainant. The court concluded that the complainant misused the POCSO Act to settle personal vendettas, leading to gross abuse of legal provisions. Consequently, it allowed the petition, quashing criminal proceedings against the petitioner.