The Kerala High Court has said that children should be brought to courtrooms only in rare and exceptional custody cases. The court stressed that such decisions must be taken with great care to protect the child’s well-being.
A Division Bench of the Kerala High Court has ruled that, except in unavoidable situations, the presence of children in courtrooms or premises for Counselling or other legal proceedings should be allowed only in rare cases and with great care.
The Bench, consisting of Justice Devan Ramachandran and Justice M.B. Snehalatha, made this remark while reviewing an appeal by a woman from Kannur regarding a Thalassery Family Court decision that granted custody of the child to the father and interim custody to the mother.
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While set-aside the family court’s order that designated the Kannur Munsiff court premises as the location for the exchange of the child between the parents, reinstating a venue specified in an earlier ruling by the family court, the court stated ,
“Our experience has shown that children are unwilling to go to courts, or to be taken there under orders; and many of them have told us, in unequivocal expression of angst, that they feel that they are being paraded as articles, rather than as humans,”
The court emphasized that for the exchange of the child in interim or final custody arrangements, a neutral location should be considered, ideally with the agreement of both parties, as this would significantly alleviate the stress and fear experienced by the children.
Furthermore, the court noted that even in instances where children are required to appear, every effort should be made to ensure their dignity and privacy are upheld.
They should not be left waiting indefinitely for proceedings to conclude, but rather be given priority, depending on the court’s workload.
The Bench also remarked that children who witness conflict between their parents generally experience lower satisfaction in their future relationships.
The Court referred to Section 12 of the Guardians and Wards Act, 1890, which allows interim orders for the temporary custody of a minor but stresses that the welfare of the child is the paramount consideration.
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Moreover, under Article 39(e) and 39(f) of the Constitution of India, the State is directed to ensure that children are not forced to face conditions which may harm their development physically or emotionally.
The Kerala High Court stressed that while the court has the authority to call a child for interaction to assess their welfare and preferences, such steps must be taken only when absolutely necessary.
The Court also underlined the importance of Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which prioritises the best interest of the child in every legal decision.
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