In Delhi court, daughter claims father recorded in-chamber custody proceeding, judge takes note

In this matter, a woman filed a case under Protection of Women from Domestic Violence Act against her husband and moved an application for interim relief seeking custody of both her minor children. The application was filed by advocate Pravesh Dabas, who appeared for the woman.

Before deciding on custody, the judge called both the children to obtain their opinion concerning custody in an in-chamber proceeding.

While the son told the judge that he wanted to live with the mother, the daughter chose to stay with the father. The father then left the proceedings claiming that he felt unwell. Right after the in-chamber proceedings, the daughter changed her decision and told the judge that she wanted to stay with her mother.

When the judge asked her why she changed her decision, the girl told the court that her father put a mobile phone inside her brother’s pocket and due to fear and coercion, she chose to stay with the father.

The girl then told the court that when someone used to visit their home for an inquiry, her father would record the proceedings by handing them a mobile phone. When the judge asked for the mobile phone, the girl replied that her father had it when he left the proceedings abruptly.

Metropolitan Magistrate (Mahila court) Deepika Goyal Shoukeen on July 20 passed an order directing the father of the two children to appear before her and explain whether he recorded in-chamber proceedings or not on August 24.

The court said that if a recording was done that would amount to contempt of court. He has also been asked to bring with him medical documents concerning his illness.