Intelligent prefrence

sunny (Querist) 11 November 2010 This query is : Resolved
In gurdianship cases if there is time to take intelligent prefrence of child.
how it is taken? it is before both parties advocate and judge only or before both parties and assemly in court including advocate and judge all.who will ask the question to child is it judge or advocate? are question are fixed format? or lawyer can ask any irrelevant question to confuse minor if he doubts that preference will not be going with him.please elaborate on this

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Devajyoti Barman (Expert) 11 November 2010
It varies from court to court. Generally it is the judge who ask for the preference of the child in the Chamber in or without the presence of the respective advocates.

adv. rajeev ( rajoo ) (Expert) 12 November 2010
I agree with Barman,

s.subramanian (Expert) 12 November 2010
Undoubtedly it is the judge who has to address the questions to the child and ascertain the preferences. It is left to the discretion of the concerned judge to do it either in open court or inside the chambers.