Kerala HC appoints counsel for child in custody case, says parents neglected child

In a first, the Kerala High Court has appointed an independent counsel to represent a child in a custody battle between its parents. The HC took the decision after noticing the parents fighting for custody, leaving nobody to protect the interests of the child. A division bench of justices A Muhamed Mustaque and Sophy Thomas passed this ruling in a case filed by a father (petitioner) seeking custody of his youngest child. The bench observed that the best interests of the child were not properly represented by the parents amidst their 'wrangle' and hence, decided to appoint an independent lawyer on behalf of the child.

Though this is the first instance of a lawyer being appointed for a child by the court, in another child custody case that is still pending before the Kerala HC, Advocate Parvathi Menon, Project Coordinator of the Victim Rights Centre, had suggested that an  'Independent Children Lawyers (ICL) Scheme' should be formulated by the Legal Services Authorities through which lawyers can provide pro bono services to children.

The petitioner in the present case is a practicing lawyer who has three children with his estranged wife. While the custody of two children was given to the father, the case in point pertains to the youngest child. The custody of the two children was granted to the father after noting that they were being molested by their maternal grandfather.

The father had originally filed a custody petition at a Family Court but did not press the petition. The mother then filed a petition before the same court seeking the child’s custody. The family court had then approached the High Court with the question of whether the father could have been allowed not to press the original petition.

The court, taking into notice that there were Protection Of Children from Sexual Offences Act (POCSO Act) cases registered against the child’s maternal grandparents, directed the Kozhikode District Legal Services Authority to engage an independent counsel for the child.

(With IANS inputs)