Can court exclude mother during minor’s testimony against father?

A father from Kolkata was physically assaulted during a visit to his 4.5-year-old child in a town four hours away. After being discharged from the hospital, he went to the police station, and his FIR was recorded. However, he was arrested in a POCSO case involving his own 4.5-year-old daughter. The child gave a tutored statement in court. After securing bail, the trial has now started. The child is now over 8 years old and, during weekly meetings with her father, is requesting that her mother not be present in the courtroom during her testimony. Can the advocate make such a prayer? How? The advocate is saying no. Note: The mother’s father is also an advocate in the same court.

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Advocate By LEAD INDIA Answered: 13 May 2025

Yes, your lawyer can request the court to keep the mother out of the courtroom during the child’s testimony to ensure the child feels safe and speaks freely. It can be done by filing an application before the judge citing the child’s request and emotional well-being. The court can allow it under child-friendly procedures. For further legal assistance contact us on our helpline number.

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