Family Courts To Summon Children Only In Rare And Exceptional Situations
The Kerala High Court has criticized the trauma faced by children in custody battles. It directed family courts to summon children only in rare and exceptional situations.
Case Background
The case involved a 9-year-old boy caught in a custody dispute. Initially, both parents agreed to give the mother primary custody. The father had visitation rights on specific days and during holidays.
Later, the father alleged that the mother was not following the court order. He approached the Family Court to revise the custody. The mother also filed a plea, stating the child refused to go with the father. The Family Court then handed over custody to the father, giving the mother limited access.
Petitioner’s Stance
The mother challenged the new order before the High Court. She claimed it went against the child’s wishes and caused severe emotional trauma.
Court’s Ruling
The Division Bench, led by Justices Devan Ramachandran and M. B. Snehalatha, heard the child in chambers. The boy clung to his mother and expressed fear and dislike for court visits. He said he felt “paraded like an article” and “dehumanized.”
The Court observed that children dread attending court. It emphasized that children must be treated with dignity and privacy. Courts should avoid making them wait unnecessarily. Any custody exchanges should happen at neutral places, not inside court premises, unless absolutely necessary.
Final Verdict
The High Court reinstated the original custody order in favor of the mother. It also changed the location for custody exchanges from the Munsiff Court to a neutral setting. The ruling highlights the emotional strain courts and parents often overlook in custody battles.
