custody order in domestic violence case

This query is : Resolved 

16 July 2009

Respected Members
A lady (widow)filed an application under domestic violence act in which her jeth father in law and devar is respondents,she is only claiming custody of her four year son who was given in adoption by her vide adoption deed in presence of witnesses to her jeth(Respondent)and jethani(not Respondent)adoption deed is not under challenge in any court,can court passed an order for handing over the custody of the child to the applicant(complainant)when only adoptive father is respondent but her wife is not respondent than how custody order can passed against wife i.e. adoptive mother because being mother she also have right on her adopted child & without adding her as respondent in domestic violence case how order can be passed against her without her consent.plz help

s.subramanian (Expert)
01 November 2010

No. Order cannot be passed in her absence and without hearing her.

Devajyoti BarmanOnline (Expert)
06 November 2010


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