In a significant move aimed at protecting children from further emotional trauma during custody disputes, the Kerala High Court has barred the use of police stations as venues for handing over children between estranged parents. The directive was issued by a Division Bench comprising Justice Devan Ramachandran and Justice MB Snehalatha, who criticised a recent order by the Thrissur Family Court that had mandated the child’s handover at a police station.
The Bench strongly rebuked the family court’s approach, stating:
“This is worse than the child being forced to court premises and spaces, and we are sure that it requires no further expatiation or restatement.”
The observation came while dismissing an appeal filed by the mother of the child against the interim custody arrangement, which allowed the father to keep the child from May 2 to May 26. Though the appeal was dismissed as the custody period was nearing completion, the High Court expressed deep concern over the venue chosen for the child’s exchange.
Referring to its earlier ruling in Indu S. v. State of Kerala, the Court reiterated that both courtrooms and police stations are inherently unsuitable environments for children involved in emotionally sensitive custody disputes.
“We fail to understand how the learned Family Court could have directed the child to be handed over in interim custody from a police station. We certainly cannot find favour with this,” the Bench remarked.
The Court directed the Registrar General to ensure that this order is circulated to all family court judges across Kerala to prevent recurrence of such directives. It emphasized that family courts must explore alternative, child-friendly venues for custody exchanges.
While allowing the interim arrangement to continue until further review by the family court, the High Court made clear that children’s welfare and mental well-being must remain paramount in all custody decisions.
