The Kerala High Court recently expressed strong displeasure on finding that a six-year-old boy caught in a child custody battle was left restless and emotionally disturbed after a lawyer spoke to him out of turn in a court hall, to tell him that his father was waiting for him outside.

The Division Bench of Justice J Nisha Banu and Justice Shoba Annamma Eapen has directed the Registry to identify the lawyer and preserve the relevant CCTV footage and video recordings of the interaction.

The Court found that the lawyer's unauthorised interaction with the child had left him visibly distressed and interfered with the court's attempt to assess the child's welfare in the ongoing custody dispute.

The Court also stressed that lawyers being the officers of the court were not merely representatives of their clients. It reminded them of their responsibilities to protect the administration of justice as well as the interest of vulnerable persons involved in legal proceedings, particularly children.

"The profession demands a commitment to the public good. But for the said incident, the child would have remained comfortable, and we could have interacted with him to arrive at a proper conclusion. This interim order is being reported to remind the members of the Bar, the oath taken on the day of enrolment - to bear true faith and allegiance and to maintain the respect due to courts by upholding the ethical duties and moral values of the profession," the Court said.

The Court was hearing a case concerning the custody of a six-year-old boy. His mother had approached the High Court challenging a family court order on an interim custody arrangement.

The High Court had interacted with the child on multiple occasions and passed interim orders regulating the custody and visitation arrangements.

When the matter was taken up on June 5 (Friday), the Court had specifically exempted the father from personal appearance because it wished to interact with the child independently without the influence of either parent.

His mother, in whose custody the child was, had brought him to Court. The Court was slated to interact with the child in chamber without his mother's presence.

When the child was produced before the Court in the morning, he initially appeared, energetic, comfortable and happy. However, matters took a different turn after an unidentified male lawyer approached him in the courtroom, where he was waiting with his mother.

The unidentified lawyer is reported to have told the boy that his father was waiting downstairs.

The Bench noted that the child's behaviour changed significantly after the incident, as he refused to leave his mother's side, tightly holding her hand, when he was later brought to the judges' chambers for interaction.

After examining video records and CCTV footage of the proceedings, the Court found that an identified lawyer had indeed entered the courtroom and spoken to the child. It also noted that the father had been present within the court premises and had been denied entry into the court building.

Taking note of the child's trauma, the Court appointed advocate Thanuja Roshan, a Child Support Lawyer (CSL) under the Child Legal Assistance Program (CLAP) of the Kerala Legal Services Authority (KeLSA) to interact with the child as well as his parents and submit a report.

The Registry was directed to identify the lawyer with the help of the Kerala High Court Advocate's Association and the Bar Council of Kerala.

The Court ordered that custody would continue with the mother for now.

"Having noticed the emotional distress, trauma and restlessness of the child consequent upon the message conveyed to the child by the lawyer, we are of the view that it would be appropriate to grant the interim custody of the child to the mother for the time being," it said.

The matter has also been referred to mediation, since both parties have expressed willingness to settle their disputes.

The case will be heard by the Court after the mediation meeting, on June 19.

Advocates Nirmal S, Veena Hari, Varun Muraleedharan, Merin Jose and Lamiya Shanavaz appeared for the mother.

Advocate VK Remasmrithi appeared for the father.

[Read Order]