Domestic Violence Act - child custody
Adv. Deepak
(Querist) 12 October 2009
This query is : Resolved
Respected Members,
Wife has filed DVA case. In that she filed interim application for custody of children during Diwali vacation. Husband earlier filed Divorce petition for cruelty coupled with adultery. That was dismissed for default. Restoration application is preferred by husband and wife appeared in that and filed her say. Can criminal court give custody of children to wife in DVA case. If husband not willing to give custody of children to wife during Diwali, how can it be defended. Request for your valuable advice. Regards.
Adv Archana Deshmukh
(Expert) 12 October 2009
The magistrate can grant temporary custody of children u/s.21 of DV Act, so her application for custody of children during Diwali vacation is tenable. However you can defend it by showing how it is harmful to the interests or not in the interest of the children. Rest depends upon the facts of the case.
Adinath@Avinash Patil
(Expert) 13 October 2009
ONLY REMEDY TO DEFEND CHILD CUSTODY APPLICATION ON THE GROUND WIFE IS NOT IN POSITION TO MAINTAIN CHILD, CHILD WILL SUFFER HEALTH PROBLEM,CHILD WILL GET LOSS PROPER EDUCATION. WIFE IS UNABLE TO GIVE PROPER DAY TODAY NEEDS OF CHILD.
Sachin Bhatia
(Expert) 13 October 2009
File an application u/s 21 of D.V. Act.
Sec 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.
