A mother filed a case under the Protection of Women from Domestic Violence Act, 2005 and applied for interim custody of her two minor children. Advocate Pravesh Dabas filed the application and appeared for the mother.
Before deciding custody, the Metropolitan Magistrate (Mahila Court) spoke to both children in chambers to learn their wishes. One child later told the court that their father had recorded such proceedings on a mobile phone, and that she had given her earlier answer out of fear.
In an order dated 20 July 2022, the court directed the father to appear and explain whether he had recorded the in-chamber proceedings, observing that a recording would amount to contempt of court.
Why courts speak to children in chambers
In custody matters the welfare of the child is the paramount consideration. Judges often speak to children privately, away from both parents, so the children can express their wishes without pressure. The confidentiality of that conversation is essential to its purpose.
Where it was reported
- The Indian Express — "In Delhi court, daughter claims father recorded in-chamber custody proceeding, judge takes note" (28 July 2022)
- Forbque — same headline (28 July 2022)
