• Child Custody: Under Domestic Violence Act

  • Child Custody Under the Protection of Women from Domestic Violence Act, 2005

    Under the Domestic Violence Act, 2005, the Magistrate is empowered to pass appropriate Orders with respect to the custody of any child or children of the parties before it. He may also allow or refuse visitation right to the other party.

    Relevant Legal Provisions

    Protection of Women From Domestic Violence Act, 2005

    Section-21. Custody orders.-Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent:

    Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit. 

    The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e The Protection of Women from Domestic Violence Act, 2005, Other relevant Acts & Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts.  Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.

    Kindly CLICK HERE or e-mail us at office@hellocounsel.com if you are facing any Matrimonial Issue- Civil or Criminal, and wanted to have Legal Consultations with the empanelled Lawyers at Hello Counsel.    

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