AMAN KATHPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) As the present petitions concern the custody of the minor daughter- Ms.XXX of the private parties referred to as AK (mother) and PD (father), they are, therefore, being disposed of together by this common judgment.

(2.) W.P.(Crl.) 2049/2022 has been filed by AK, the mother of the minor child alleging therein that AK and PD had married each other on 24/8/2011. Their marriage got registered on 7/9/2011. She alleges various acts of sexual and physical violence against her by PD. From the wedlock, Ms.XXX was born on 30/3/2015 in Pennsylvania, United States of America (USA), and is therefore, a citizen of the USA by birth. AK claims that in April 2017, she had reason to suspect that PD had sexually abused Ms.XXX during her second birthday celebrations. She alleges that she was thereafter witness to other acts of sexual assaults by PD on Ms. XXX. While being in United States, on 18/9/2017, alleging physical assaults, AK had called the police by dialing 911 and also reported the incidents of sexual assault by PD on Ms.XXX. PD was arrested and a Protection Order dtd. 19/9/2017 was passed.

(3.) PD filed a case of divorce before the Superior Court, Judicial District of New Haven (hereinafter referred to as "Superior Court") on 30/4/2019, wherein, by an order dtd. 6/5/2022, while granting divorce to AK and PD, the Superior Court also passed a direction of joint-parenting of Ms.XXX as under: