'Malicious Parent Syndrome' Of Purposely Separating Child From Other Parent Worrisome, Affects Child's Psyche: Karnataka High Court

The Karnataka High Court has expressed concern over emerging trend of 'malicious parent syndrome' whereby a malicious parent engages in attempts to punish the other parent by separating the child, denying child visitation and lying to children.

A single judge bench of Justice M Nagaprasanna made the observation while allowing a petition filed by the third husband of a woman, who was charged under POCSO Act on a complaint made by the biological father of the child.

Court said the trend is "worrisome" as wrangling parents forget that they are projecting their own child to have been a subject of such assault.

"The tune of negative impact of such projection on the psyche of the child is unimaginable. The parents should therefore ponder and introspect before making such allegations. If it is true, law will take its course, but if it is projected for the purpose of custody, as is done in the case at hand, there can be no bigger sin that the parents can commit.”

The child's mother and father were divorced and the child's custody was to remain with the mother. Father fild a private complaint accusing mother's third husband (petitioner) of abusing the child. The Magistrate court referred the matter to the police for further investigation which in turn filed a B summary report. The Father then filed a protest petition and subsequently the court dismissed the case against the mother and directed registration of crime against the petitioner.

The petitioner argued that the complainant was using the child to settle his scores. He pointed there was no whisper of any offence being alleged under the POCSO Act against the petitioner in the petition filed under Guardians & Wards Act, ten days before registration of private complaint.

The Complainant opposed the plea citing Section 29 of the POCSO Act which raises a presumption against the accused.

The bench on going through the records noted the child's statement recorded before the magistrate wherein it was mentioned she was unhappy with her father as he had forcibly made her to memorise false statements against her mother, the petitioner and the maternal uncle.

Following which it said “What would unmistakably emerge is that the child/prosecutrix is being used to manipulate evidence by tutoring the child when she was in the custody of the 2nd respondent. If these allegations by the 2nd respondent are to be taken note of, a step back in time would become necessary, as the complaint is filed by the 2nd respondent alleging offences punishable under the provisions of the POCSO Act.”

Court said the child's statements completely demolish the allegation against the petitioner. “This cannot but be inferred that an innocent child is being used by the 2nd respondent, ex-husband of the mother of the child to settle scores against the mother and the present petitioner, the 3rd husband of the mother of the child...Further proceedings if permitted to continue against the present petitioner, it would be permitting a classic illustration of abuse of the process of law by the 2nd respondent/complainant to continue. Innocence of the child is tampered, her emotions are being used and abused by a warring parent.” It is for this reason that when the parents begin to wrangle, who is at pain is the child."

Court said the case at hand is clearly in gross abuse of the penal provisions by the complainant to settle his idiosyncratic scores with the mother of the child, who had left him and married the petitioner. "It is unfortunate that the provisions of the POCSO Act which are meant to protect the child from abuse are being misused by a protagonist of the crime in the case at hand.”

Accordingly it allowed the petition and quashed the criminal proceedings against the Petitioner.

Appearance: Advocate Nitin Ramesh for Petitioner.

HCGP K.P.Yashodha for R1.

Advocate S.Mahesh for R2.

Citation No: 2024 LiveLaw (Kar) 65

Case No: CRIMINAL PETITION No.3749 OF 2022

Click Here To Read/Download Order