OSHIHAMA Vs. DELHI POLICE

JUDGEMENT

(1.) The present petition has been filed by the petitioner praying inter alia for grant of full custody of her minor daughter aged about eleven years, who is presently in the custody of her father and for registration of an FIR under the POCSO Act, against her husband for abusing their minor daughter.

(2.) The petitioner is represented by Ms. Aishwarya Rao, learned counsel, assigned to her by the Delhi High Court Legal Services Committee to appear on her behalf. Learned counsel submits that the petitioner and her husband were married in November, 2003 and have been blessed with a daughter. It appears from the record that the father of the child and husband of the petitioner had applied for the custody of the minor daughter by filing GP No. 2266/2018 before the Family Court. Initially, an order was passed by the Family Court directing that the custody of the child would remain with the father w.e.f. 7.00 pm on Monday till Saturday school timings and thereafter, her custody would be transferred to the petitioner/mother w.e.f. Saturday school timings, till Monday evening up till 7.00 pm. This order was passed on 28.07.2018. On 16.11.2018, the learned Family Court directed that these custody arrangements would continue till disposal of the main petition.

(3.) Ms. Vohra, learned ASC appearing for the respondent, submits that the petitioner being aggrieved by the order dated 16.11.2018, passed by the learned Family Court, had preferred MAT. APP. (F.C.) 312/2018, which was dismissed by the Division Bench as meritless vide order dated 26.03.2019.