Kerala HC: Children Should Not Be Forced to Attend Court in Custody Cases

The Kerala HC ruled that children in custody disputes should be brought to court only in exceptional and unavoidable situations, with utmost dignity and privacy.

This decision came after a 9-year-old boy suffered emotional trauma from repeated court appearances.

Initially, custody was granted to the mother, but the Family Court later awarded it to the father. The child expressed distress and reluctance to meet his father, and described court visits as dehumanizing.

Moved by the child's emotional state, the High Court restored custody to the mother and ordered that custody exchanges occur at a neutral location to minimize trauma. (Indu.S vs Thomas)