Counsellor lets dad meet girl he sexually assaulted, gets HC rap

MUMBAI: The Bombay HC on Friday slammed a marriage counsellor attached to the Bandra family court for drawing up consent terms that would allow a father who sexually assaulted his teenaged daughter to visit her once a fortnight.
“The whole thing is so shocking,” said a bench of Justice Abhay Oka and Justice Amjad Sayed. The wife filed a petition for quashing her complaint against her husband.In December, he had inappropriately touched their 13-year-old twice; once in the wife’s presence. She filed a complaint with the Amboli police under sections of the Indian Penal Code and Prevention Of Children from Sexual Offences Act, which pertains to sexual assault and touching a child inappropriately. She also charged him with domestic violence and filed for divorce. Now, the wife moved the HC saying the dispute is amicably settled and she has decided to withdraw the allegations.
But the judges said there is no question of settlement where the offence is so serious. “What right you have to give consent? As a mother can you do that?” asked Justice Oka. The wife’s advocate said the daughter is under depression and she does not want to prolong her trauma. “What the child has undergone must be the real reason for the depression,” said Justice Oka. The judges were not inclined to grant relief and asked if she wants to withdraw the application. “This is very serious. We can’t be parties to all this,” said Justice Oka.
The judges then noted that a marriage counsellor had persuaded the parties to settle the matter by filing consent terms. One term was for depositing Rs 3 lakh for the child in exchange for dropping all charges. Another was regular access to the father to meet the minor once a fortnight in the presence of the mother. “This kind of settlement when the prosecution is pending against the father? The counsellor needs to be educated,” said Justice Oka. The bench questioned the mother. “You agreed to such terms as a mother? What will happen to the child?” asked Justice Oka.
The judges said it is the duty of the counsellor to make all efforts to settle disputes in matrimonial cases. But when the counsellor draws consent terms, it is the his/her duty to ensure the settlement is legal. “In the facts of this case, the counsellor ought to have adverted to the provision of the said Act of 2012.” The judges said the Act is different from other penal statutes. They dismissed the wife’s application as withdrawn and directed a copy of the order to be sent to the principal judge of the family court.