LI Network
Published on: December 18, 2023 at 18:11 IST
The Rajasthan High Court has issued a directive to its registry and Family Courts within the state, emphasizing the need to safeguard the identities of parties involved in matrimonial disputes.
The order, delivered by Justice Arun Monga, comes in response to growing privacy concerns in such cases.
The Court has instructed the registry to conceal the names of the involved parties on both the court’s website and mobile app.
The decision arose during the hearing of a child custody dispute, wherein the Court, addressing the complexities of the matter, directed a father to take his two minor sons to a psychologist.
The purpose of this intervention is to dispel any misconceptions and pre-conceived notions the children may hold against their mother.
In outlining the privacy measures, the bench stressed that future cases should ensure that the identities of parties in matrimonial disputes are represented as XX vs YY.
The Court has mandated the registry to issue a circular to Family Courts, ensuring strict compliance with these privacy guidelines.
The specific case leading to this directive involved a father, a practicing lawyer, challenging the Family Court’s decision to summon his sons for a decision on his wife’s application seeking visitation rights.
The High Court recognized the deep-seated conflicts between the parents, predicting a prolonged resolution process.
Acknowledging the crucial role of both parents in a child’s upbringing, the Court emphasized the need to provide the child with the benefit of two happy homes if a single happy home with both parents is not feasible.
It noted the father’s perceived strategy of prolonging litigation and exploiting the children’s hostility towards their mother.
Expressing concern that the children may be coached or tutored to support the father’s stance, the Court highlighted the emotional complexity of the situation.
It stressed the importance of professional intervention to understand and address the children’s feelings and concerns. Consequently, the Court directed the father to take his sons to a psychologist at AIIMS Jodhpur for counseling every weekend.
The psychologist is instructed to submit a report to the Family Court after six sessions, and the counseling is to continue during the pendency of the child custody case.
Additionally, the Court, taking note of the wife’s numerous rounds of litigation, directed the husband to pay a litigation cost of ₹2 lakh. Failure to comply may result in the deemed dismissal of his pending custody petition, and his defense may be struck off in the mother’s custody petition.