The recent trend is such that the POCSO Act, 2012, is being used by either party, usually the wife, to a marriage, to influence maintenance/ custody proceedings pending before a Family Court. This could be done with the aim of influencing the husband into accepting a settlement as per the requirement of the wife/ it could be to influence the decision of the Family Court with respect to the custody of the child. This has now alarmed several Courts and rightly so, several High Courts have laid down their own guidelines/ observations inorder to guide the Family Courts/ the husband-victims insofar as false POCSO allegations are concerned.
To read a detailed article on the same, along with citations from several High Courts, you can purchase the February 2024 Edition of the Lawyers’ Society Digital Law Magazine for just Rs. 50/-.
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