The Bombay High Court issued a notice to the Maharashtra government on a plea seeking legal representation for children in custody battles. The petition argues that minors should have independent lawyers to voice their interests in family court disputes. The court has sought the state’s response on implementing such a provision. This move aims to ensure that children’s welfare is prioritized in parental custody conflicts.
Mumbai: The Bombay High Court issued a notice to the state government regarding a public interest litigation (PIL) that calls for the appointment of independent lawyers to represent children in custody disputes between their parents.
Chief Justice Alok Aradhe and Justice Bharati Dangre hearing the PIL filed by advocate Shraddha Dalvi, which seeks to direct the state to establish guidelines for a Child Legal Assistance Programme in Maharashtra.
This program would address custody and related litigation involving child rights, as well as cases under the Protection of Children from Sexual Offences (POCSO) Act. Dalvi also requested permission for children to appoint independent lawyers under the Legal Services Authorities Act.
The PIL emphasizes that children often suffer in silence and are “the most unheard and unrepresented parties in matrimonial proceedings.”
The document points out that over 200,000 matrimonial dispute cases are filed annually in family courts across India, with more than 10,000 cases in Mumbai alone. In many instances, issues surrounding maintenance and child access are either avoided or delayed, adversely affecting the children involved.
Dalvi stated,
“At times, children are used as a tool to settle parents’ personal scores… and are caught in the crossfire of contentious legal battles.”
The disputes typically focus on custody, visitation rights, and financial support, yet the emotional and psychological impact on children is often neglected.
The PIL asserts,
“While parents’ rights and interests are argued and defended in court, the child’s voice remains unheard, and their needs, fears, and well-being are sidelined,”
Furthermore, in custody cases where POCSO allegations against male relatives arise, “children become the ultimate victims, enduring severe mental anguish, especially when subjected to sexual assault or manipulated into making false accusations.” Thus, independent legal representation is vital “to safeguard their paramount welfare and ensure that their best interests are truly prioritized.”
Dalvi’s PIL notes that under the Legal Services Authorities Act, children are entitled to free legal aid. The appointment of independent lawyers “will help the child express their wishes or concerns without bias or prejudice and guide them in making balanced decisions.”
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In 2021, the Mumbai family court appointed independent lawyers for children in a few custody/access cases, and in 2022, it proposed guidelines outlining eligibility criteria and the roles and duties of these lawyers, but those guidelines were never finalized.
The hearing has been adjourned to March 5, and the judges allowed advocate Ashley Cusher, representing Dalvi, to amend the petition to include the law and judiciary, as well as the women and child welfare departments, as respondents.
Justice Dangre remarked,
“As it will involve the framing of policy, they are necessary respondents,”
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