Karnataka High Court’s attention to this issue came to the forefront during the quashing of a criminal case initiated by a man against his ex-wife’s third husband
Karnataka High Court has identified “malicious parent syndrome” as a concerning trend in child custody disputes, shedding light on the complexities and emotional toll these battles take on all involved, especially the children. This syndrome is characterized by actions of an estranged or divorced parent who, driven by animosity or spite, targets the other parent, sometimes going to the extent of mistreating their own children to undermine the other parent’s image or reputation.
The court’s attention to this issue came to the forefront during the quashing of a criminal case initiated by a man against his ex-wife’s third husband. The allegations were serious, involving accusations of sexual harassment and the outrage of modesty under the stringent Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and the Juvenile Justice (Care and Protection of Children) Act, 2000. The complaint, lodged in 2019, accused the third husband of sexually harassing the complainant’s daughter.
Justice M Nagaprasanna, presiding over the case, made a pivotal decision to quash the proceedings against the third husband, citing a precedent from the Madras High Court. The Madras High Court had previously quashed a similar case, labeling it as “the worst type of false prosecution” a court could encounter. Justice Nagaprasanna echoed this sentiment, stating,
“The case at hand is no less. It is clearly gross abuse of the penal provisions by the complainant to settle his idiosyncratic scores with his child’s mother, who left him and married the petitioner.”
The judge’s observations were deeply rooted in the specifics of the case, highlighting the detrimental effects such allegations can have on the child involved.
“The 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,”
Justice Nagaprasanna remarked.
The misuse of the POCSO Act, intended to protect children from abuse, was a significant concern for the judge. He lamented the fact that such a crucial piece of legislation was being exploited in custody battles, stating,
“Several crimes are registered against each other for the custody of the child. Stories are twined to retain or take custody of the child. This becomes a classic illustration of what is emerging as a trend called ‘malicious parent syndrome’.”
BACKGROUND OF THE CASE
The backdrop of this case involves a couple who married in 2007 and had a daughter in May 2008. Following their separation in 2015, the mother was granted custody of the girl, with the father receiving visitation rights. A complex legal battle ensued when the father took custody of the girl during the mother’s academic tenure at Harvard University, leading to a series of legal actions from both sides aimed at retaining custody of the child.
Justice Nagaprasanna’s decision was influenced by the testimony of the girl, who expressed her distress and preference to live with her mother.
“My father used to scream if I talk to my mother… I was feeling lonely. I messaged my mother through Instagram and asked her to come and pick me up,”
the girl’s statement to a magistrate in February 2021 revealed her suffering and longing for maternal care.
This case not only highlights the emotional and psychological ramifications of child custody disputes but also serves as a cautionary tale about the misuse of legal provisions meant to protect the most vulnerable. The Karnataka High Court’s acknowledgment of “malicious parent syndrome” as an emerging trend in these disputes underscores the need for a more nuanced understanding and approach to resolving such matters, ensuring the well-being of the child remains paramount.
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