The Kerala High Court has granted interim custody of a six-year-old boy to his mother after noticing the child's emotional distress during proceedings in an ongoing custody dispute between his parents. The court also ordered an inquiry to identify a lawyer who allegedly approached the child inside the courtroom and conveyed a message that left him visibly disturbed.
The order was passed by a Division Bench comprising Justice J. Nisha Banu and Justice Shoba Annamma Eapen on June 5, 2026.
Background of the Case
The matter arose from a custody dispute pending before the Family Court, Kozhikode. The mother had challenged an earlier Family Court order relating to interim custody of the child.
During previous hearings, the High Court had interacted with both parents and the child. Following interim directions, custody of the child was handed over to the mother during the summer vacation period. The court was monitoring the child's welfare while considering the custody arrangement.
When the case was taken up on June 5, the judges intended to interact with the child privately to understand his emotional state and preferences.
However, the interaction could not proceed as planned. According to submissions made before the court, an unidentified lawyer allegedly approached the child in the courtroom and informed him that his father was waiting downstairs.
The Bench noted that the child, who had appeared cheerful and energetic earlier, became frightened and emotionally unsettled after the incident. The judges observed that he tightly held his mother's hand and refused to separate from her.
Recording its concern, the court stated that the incident appeared to have caused significant emotional distress to the child.
The Bench observed,
“The message that the father was present and waiting was conveyed to the child with ulterior motives.”
The judges further remarked that lawyers have duties not only toward their clients but also toward the administration of justice and the welfare of those affected by court proceedings.
The court examined video conference recordings and CCTV footage from the court premises. According to the order, the footage showed an unidentified lawyer entering the courtroom, approaching the child, speaking to him, and then quickly leaving the area.
The Registry was directed to preserve the recordings and identify the lawyer involved. The court also permitted assistance from the Kerala High Court Advocates' Association, the Bar Council of Kerala, and other organizations for that purpose.
Referring to an earlier judgment involving the same parties, the court noted that the child had previously appeared comfortable with his mother but became apprehensive in certain situations involving the father.
Taking into account the child's psychological condition and the events that unfolded in court, the Bench considered it necessary to prioritize the child's immediate welfare.
The court also appointed a Child Support Lawyer under the Child Legal Assistance Program (CLAP) to interact with the child and, if possible, both parents, and submit a report.
Holding that the child's emotional well-being required immediate protection, the Kerala High Court granted interim custody of the minor child to the mother for the time being.
The court further referred the dispute to mediation and directed both parents to appear before the Mediation Centre attached to the High Court on June 15, 2026.
Senior Mediator Sally Thomas Chacko was appointed to conduct the mediation proceedings.
Case Details
Case Title: Sreedhanya Bhaskaran v. Balakrishnan V.S. & Another
Case Number: OP (FC) No. 170 of 2026
Judges: Justice J. Nisha Banu and Justice Shoba Annamma Eapen
Decision Date: June 5, 2026
