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Synopsis

The Allahabad High Court has recently ruled that police stations are inappropriate locations for child visitation.

Court emphasized that exposing children to the environment of a police station could be detrimental to their upbringing, as they may witness distressing events and interactions that are not suitable for their young minds.

The bench, comprising Justices Saumitra Dayal Singh and Donadi Ramesh, noted that such exposure could have long-lasting negative effects on a child's development, particularly in cases where the child is already dealing with the stress of their parents' troubled marriage.

Court highlighted that children might encounter accident or assault victims, harsh language, or handcuffs, all of which are not desirable for a child's experience.

"All those visuals may not be such as may be voluntarily added to the child's memory, especially when the child is himself undergoing a trauma of having parents who are living in discord. The emotional scale of the child is not to be burdened unnecessarily," said the division bench. 

The observations were made in an appeal filed by one Lakshmi Prakash against a family court order that allowed him minimal visitation rights to his child at a police station. He argued that such permission was impractical.

The high court ordered that the family court's decision be modified to allow visitation at a place within the family court premises, at the vulnerable witness center, or another suitable location with appropriate security arrangements, if necessary, with the help of the District Legal Services Authority (DLSA).

"We also make it plain that it may remain open to the parties to make a proper application before the learned court below to seek appropriate modification with respect to the place where such visitation right may be granted. If such application is filed, the same may be considered on its own merit," court ordered.

Case Title: Lakshmi Prakash v. Pooja Gangwar