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2025 Supreme(Ker) 2009

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, J, M. B. Snehalatha,J
Plessy Francis, D/o. Francis P.A., Represented By Power Of Attorney, Francis, S/o. Antony – Appellant
Versus
Dinto Mathews, S/o. Mathew, Represented By Power Of Attorney, Vincent, S/o. Joseph – Respondent


Advocates Appeared:
For the Appellant : Dr. V.N. Sankarjee, V.N. Madhusudanan, R. Udaya Jyothi, Keerthi B. Chandran, Vijayan Pillai P.K., Shilpa P.S., Unnikrishnan H., Aswin P.S., Shriya Merlin Maxwell.
For the Respondent: Smt. C.M. Charisma.

Table of Content
1. judgement procedural status. (Para 1)
2. importance of children's mental health in custody decisions. (Para 2 , 3 , 4)
3. interim custody arrangements must be critically assessed. (Para 5 , 6 , 7)
4. directive against using police stations for custody arrangements. (Para 8)

JUDGMENT :

Devan Ramachandran, J.

This appeal virtually has run its course; and as we will presently record, no further directions may be necessary.

2. However, we take this case as an opportunity to state something that is far more important, particularly qua the mental and physical health of children, who are caught in the cross-fire of litigation between their parents.

3. We have delivered judgment in Indu S. v. Thomas@Manoj reported as [2025 (3) KHC 295] emphatically declaring that children shall not be subjected to unnecessary presence in court premises; and we have done so being fully aware that this creates deep trauma for them.

4. However, in the case at hand, we see that when the learned Family Court made an arrangement regarding the interim custody of the child involved, the exchange was directed to be done at a police station. In our view, this is worse than the child being forced to court

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