Court emphasizes child's welfare following unauthorized interaction by lawyer, directs mediation between parents.
In a recent judgment, the Kerala High Court has granted interim custody of a 6-year-old child to his mother, Sreedhanya Bhaskaran, following an unauthorized interference by a lawyer during court proceedings. The court, emphasizing the paramount importance of the child's welfare and psychological well-being, directed that the interim custody of the child remain with the mother, pending mediation between the parents.
The case, which involved a matrimonial dispute between Sreedhanya Bhaskaran and her husband Balakrishnan V.S., was pending before the Family Court in Kozhikode. The petitioner, Sreedhanya, challenged an order regarding the interim custody of the minor child. The High Court, comprising Justices J. Nisha Banu and Shoba Annamma Eapen, took note of an unauthorized interaction by a lawyer in the court premises, which caused significant psychological distress to the child.
The incident occurred when an unidentified lawyer approached the child during a court proceeding and conveyed a message implying the father’s presence, despite the court's specific exemption of the father from personal appearance. This unauthorized interference led to the child's visible distress, prompting the court to grant interim custody to the mother to ensure the child's emotional stability.
The court's order emphasized the ethical duties and responsibilities of legal professionals, condemning the unauthorized action of the lawyer, and directed the identification and appropriate action against the individual involved. The court also appointed Adv. Thanuja Roshan, a Child Support Lawyer, to interact with the child and submit a report on the child's psychological state.
Furthermore, both parents expressed a willingness to resolve the custody dispute amicably. The High Court referred the matter to the Mediation Centre attached to the court and appointed Adv. Sally Thomas Chacko as the mediator. The mediation session is scheduled for June 15, 2026, with the aim of reaching a settlement in the best interest of the child.
This judgment highlights the judiciary's focus on child welfare in custody disputes and the ethical conduct expected of legal practitioners to uphold justice and the dignity of the court.
Bottom line:-
Interim custody of a minor child - Court's priority is the welfare and emotional well-being of the child - Unauthorized interference by a lawyer in court proceedings caused psychological distress to the child - Interim custody granted to the mother pending mediation.
Statutory provision(s): Family Law, Legal Profession Ethics, Mediation in Family Disputes
Sreedhanya Bhaskaran v. Balakrishnan V.S., (Kerala)(DB) : Law Finder Doc id # 2917877
