A Division Bench of the Kerala High Court has directed the Registrar, District Judiciary, to explore the possibility of dedicating a separate room in all the family courts with a child-friendly atmosphere, akin to POCSO courts, to facilitate handing over of children and for the parents to exercise their interim custody and visitation rights.
The Bench comprising Justice A. Muhammed Mustaque and C.S. Dias also called for a report from the Registrar regarding the number of POCSO courts functioning in the vicinity of family courts.
The court directed the Registrar to file the report in this regard within four weeks.
The court passed the order when lawyer R. Leela, who practices in family courts, brought to the notice of the court the pathetic condition prevailing in family courts.
The court said that it was a known matter that most of the family courts were functioning on leased premises without adequate infrastructure and facilities. There was not even a waiting room for the children brought to the courts for providing interim custody, and visitation rights to their parents.
In a few family courts, the children and parties were seen standing in jampacked corridors and even on the roads the whole day.
The Bench added that congested courts and overcrowded premises, in fact, stared at the young minds, who developed negative notions regarding the justice delivery system in the country. At the same time, there were dedicated places in the POCSO courts in the State where the surroundings were conducive in the best interest of children.
The court also directed the Registrar, District Judiciary, to inform all the presiding officers of the family courts to strictly follow the directives issued by the High Court, especially the one for speedy disposal of the interlocutory applications in a time-bound manner.
