The Kerala High Court has expressed significant concern following an incident involving a six-year-old boy embroiled in a custody dispute. The child reportedly experienced distress after a lawyer, without prior permission, engaged him in conversation in the courtroom. The interaction, which occurred without the Court’s consent, involved the lawyer informing the child that his father awaited him outside the court premises.
A Division Bench consisting of Justice J Nisha Banu and Justice Shoba Annamma Eapen has instructed the Registry to identify the lawyer responsible for the unauthorized interaction. In addition, they have ordered the preservation of CCTV footage and video recordings of the incident to facilitate a thorough investigation.
The Court highlighted the lawyer’s actions as a disruption to their efforts in evaluating the child’s welfare amidst the ongoing custody proceedings. Stressing the ethical obligations of legal professionals, the Court reminded lawyers of their duty to uphold justice and protect vulnerable individuals, especially children, involved in legal cases.
“The legal profession demands dedication to the public interest. But for this incident, the child would have remained at ease, allowing us to engage with him effectively to reach a fair decision. This interim order serves as a reminder to members of the Bar of the oath taken on the day of their enrollment—to maintain allegiance and respect for the courts by adhering to the profession’s ethical duties and moral values,” stated the Court.
The case at hand involves the custody of the six-year-old, with the child’s mother appealing a family court’s interim custody decision before the High Court. The Court had previously conducted several interactions with the child and issued interim orders concerning custody and visitation rights.
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During a session on June 5, the Court had explicitly exempted the father from appearing personally to ensure an unbiased interaction with the child, who was in his mother’s custody. The intention was for the Court to speak with the child in chambers, away from parental influence.
Initially, the child appeared content and at ease when brought to the Court. However, his demeanor shifted after an unidentified male lawyer approached him, informing him that his father was downstairs. This interaction led to the child clinging to his mother’s side and refusing to leave her hand during subsequent interactions with the judges in chambers.
Upon reviewing the video and CCTV evidence, the Court confirmed the presence of the lawyer who communicated with the child. It also noted that the father had been present on the court premises but was prohibited from entering the building.
In response to the child’s evident emotional turmoil, the Court appointed Advocate Thanuja Roshan as a Child Support Lawyer under the Kerala Legal Services Authority’s Child Legal Assistance Program. Advocate Roshan is tasked with interacting with the child and his parents to produce a comprehensive report.
Furthermore, the Court has ordered that custody remain with the mother for the time being, citing the child’s emotional distress as a critical factor. “Given the emotional distress, trauma, and restlessness observed in the child after the lawyer’s message, we find it appropriate to continue interim custody with the mother,” the Court affirmed.
The case has been scheduled for mediation, as both parties have expressed a willingness to resolve their differences amicably. The Court will revisit the matter following the mediation session, scheduled for June 19.
Advocates Nirmal S, Veena Hari, Varun Muraleedharan, Merin Jose, and Lamiya Shanavaz represented the mother, while Advocate VK Remasmrithi appeared for the father.
