Kerala HC orders probe into lawyer who allegedly caused distress to child in court

The Kerala High Court has ordered steps to identify a lawyer who allegedly approached a child inside the court premises during a custody battle, causing significant emotional distress.

A Division Bench comprising Justice J Nisha Banu and Justice Shoba Annamma Eapen passed the order in an ongoing custody dispute between estranged parents.

"The lawyer, who, without authorisation, approached the child in the court hall and showed the courage to convey the message to the child about the arrival of the father, has done great injustice to the court as well as to the minor child," the Bench observed.

The High Court noted that it had earlier directed the father to produce the child before the court after he failed to comply with an earlier order. Subsequently, the child was handed over to the mother for vacation custody with assistance from the District Legal Services Authority (DLSA), Kozhikode.

The father had filed a petition seeking modification of interim orders, prompting the court to direct the petitioner to produce the child to interact with the Bench. On Friday, when the Bench sought to interact with the child independently, the child initially appeared energetic and happy but became visibly distressed in the judges' chambers.

A junior advocate representing the mother informed the court that an unidentified lawyer had approached the child in the courtroom and allegedly told him that his father was waiting downstairs. The lawyer reportedly left immediately when questioned. Following the encounter, the child became frightened and reluctant to separate from his mother.

After reviewing video conferencing recordings and CCTV footage, the court confirmed that an unidentified lawyer had entered the courtroom, spoken to the child seated in the last row, and then hurriedly left. The father, exempted from personal appearance, was present within the court premises but was denied entry to the courtroom.

The Bench observed that the message appeared to have been delivered with "ulterior motives" and stressed the ethical duties of lawyers.

"A lawyer's duty extends beyond the client to the court, to the administration of justice and to society at large. As an officer of the court and a guardian of the Rule of Law, a lawyer must uphold the Constitution of India, assist in the dispensation of justice and ensure that legal expertise is not employed to perpetuate illegality or injustice… But for the said incident, the child would have remained comfortable, and we could have interacted with him to arrive at a proper conclusion," the court said.

The court emphasised that the order serves as a reminder to members of the Bar of their ethical obligations and the oath they take upon enrolment.

Taking into account the child's emotional trauma, the Bench directed that interim custody continue with the mother for the time being. It also referred to an earlier judgment in related proceedings, noting that the child appeared comfortable with the mother but became apprehensive when the father entered the chambers.

The Registry was directed to preserve courtroom video recordings and CCTV footage and assist in identifying the lawyer, with help from the Kerala High Court Advocates' Association, the Bar Council of Kerala, or other relevant bodies.

The matter is scheduled for further consideration on June 19, 2026.
(With LiveLaw inputs)