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31. It is submitted that the children were subject to abuse, including the incestuous act perpetrated on the daughter by the son, under the custody of the mother. Such sexual abuse as well as lack of care and the constant tutoring of the children against the father, it is argued, is sufficient justification for shifting the custody of the children to the father immediately.

32. It is also indicated by the father, quite candidly, that he is not working at present and his business stopped due to the excessive litigation he was compelled to engage in, due to the acts of the opposite party. The petitioner submitted that he is now on financial support from his mother, living in Spain, and that his mother insists that she would not be paying for the children unless the petitioner and his mother also got the company of the children.

67. In contrast, as apparent from the second social enquiry report produced before this court, there does not appear to be any specific incident of incestuous act by the son against his sister. Even a separate interview of the children, taken by the trial Judge, reveals that the children are eager to live on with their mother. The trial court was sensitive enough to incorporate guidelines in his order cautioning the opposite party‐mother to take care and keep a watch on the changing behaviour pattern of the children, if any. Hence, the alleged molestation of the daughter in the hands of an outsider and free access of outsiders at Shantiniketan in the residence of the father is, on the face of it, much more harmful to the welfare of the children than the alleged incestuous activity of the son, which allegation really has no reasonable basis. Rather, sufficient explanation has been furnished by the opposite party‐mother on the basis of the second counsellor's report dated August 30, 2018, annexed to her application for additional evidence, the existence of which was not specifically denied by the father, as to hot water spilling on the daughter accidentally and the son touching her as a reflex reaction. Such a situation is absolutely plausible and does not amount to any 'abuse'; rather, is an act of caring for a sibling on the part of the brother (the son of the parties).