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Umesh K   06 September 2025

Child custody

Hello,

There is a child custody case going on in the court. The mother has passed away and there is a domestic violence case going on the husband. The child is currently staying with his grandparents and is unwilling to meet or speak to the father.

Whenever the father requests the judge, she asks the grandparents to bring the child to the court to meet the father. When the child resists in the court, the judge threatens the child that he will be sent to "Home" if you don't speak to the father. 

Can a judge really do this,? The child is terrified of the father and cries constantly when asked to even meet the father. Does judge really have the power to force a child and threaten in the court?

Thanks.



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     06 September 2025

A judge would likely not force a scared child to speak to their father in court, as the primary consideration is the child's welfare. Instead, the judge would typically try to assess the situation to ensure the child's well-being. 

This might involve having a lawyer or other neutral party interview the child outside the courtroom, observing the child's demeanor, or even allowing the child to express their fears and wishes directly to the judge.

The most important factor in any custody case is the child's welfare.

If the child is older or the situation warrants it, the judge might interview the child privately in chambers, rather than in a formal courtroom setting. 

The judge will also want to investigate the reason for the child's fear to see if there is a history of abuse or neglect by the father. 

Dr. J C Vashista (Advocate )     07 September 2025

The court will never behave in such a manner as stated by you.

Conversely the court would make the child comfortable and homely to find and ensure welfare  of the minor. If the child is uncomfortable with father the court will desist to hand over or interacting with him.

There is difference in actual problem and facts posted.

It would be appropriate to consult your lawyer who is well aware about facts and circumstance of the case. However, if you are not satisfied with acumen of your lawyer change him / her immediately.

 

Umesh K   07 September 2025

Thanks for your feedback Sir.

I would like to emphasize that the facts I have posted are not fake by any means and there has been no exaggeration of events either.  In fact the judge also threatened the child that she will ask the police to take him away.  The judge  never allowed the lawyers from both parties to speak either.

The family and child are extremely stressed and are not sure how to deal with such a situation. Hence we posted this query here to get suggestions from the experts in this forum. 

Thanks

T. Kalaiselvan, Advocate (Advocate)     07 September 2025

You have not mentioned the opinion of your own advocate in this regard.

If you feel that you will not justice from this judge and if you feel that this judge will not listen nor will change her attitudinal approach to this problem, you can file a transfer petition to transfer this case to some other court and conduct the case with new judge. 

Dr. J C Vashista (Advocate )     08 September 2025

Discuss with your lawyer to get the case transferred to some other jurisdictional court.

Umesh K   09 September 2025

Hello,

Thanks everyone for your suggestions. We discussed with our lawyer and they also have suggested to move the case to some other court.

But on a general note, I would like to know if we can raise this concern in any portal or by sending an email to a particular department where such things are addressed. As the judge did a similar thing to another family on the same day we were there. We have gone through the stress and can see how much a child gets affected. If there is a place to put in a concern, please let me know. I would like to ensure such a thing never happens to any child in future.

Thanks

Dr. J C Vashista (Advocate )     10 September 2025

If you have evidence for such behaviour of the judge (which is not accepted or expected) you may move to the Chief Justice or vigilence department of the High Court to verify the facts and initiate necessary disciplinary action against the Judge.

P. Venu (Advocate)     17 September 2025

Yes, you can bring the mattes to the notice of the High Court.


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