Domestic violence act

Naresh B. Patil (Querist) 20 November 2011 This query is : Resolved
PLEASE, URGENT,
D V ACT -SECTION 21- DAUGHTER OF AGE 10 YEARS, IS NOW IN THE CUSTODY OF FATHER- MOTHER APPLIED FOR CUSTODY OF DAUGHTER UNDER D V ACT- MOTHER IS OF IMMORAL BEHAVIOUR, HAVING RELATIONS WITH SOME OTHER PERSON, DAUGHTER IS HAPPY WITH HIS FATHER, NOW I REQUIRE THE CASE LAW ON THE BEHALF OF FATHER.

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Piyush Vaishnava (Expert) 20 November 2011
please find paramount consideration is welfare of child, and make it according your case, there is no favourable case law related to it.

Rajeev Kumar (Expert) 20 November 2011
I agree with expert

Shonee Kapoor (Expert) 20 November 2011
Which HC?

Please contact the undersigned. It is not always the mother who gets the custody of minor in DV Act.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate. Arunagiri (Expert) 20 November 2011
If you could establish the bad behaviour of the mother, the court will decide in favour of the husband only.

More over the Judge will consider the opinion of the child also.

This case will be decided based on the facts only.