Section 21: Custody Orders | The Protection Of Women From Domestic Violence Act 2005

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Explanation using Example

Imagine a woman, Reena, who has filed an application for a protection order against her husband due to domestic violence. They have a 7-year-old son, Aryan. During the court proceedings, Reena expresses concern for Aryan's safety and wellbeing and requests temporary custody to ensure he is not exposed to an abusive environment.

Taking into account the situation, the Magistrate decides to grant Reena temporary custody of Aryan, while the case is ongoing. Additionally, the Magistrate sets a schedule for the father to visit Aryan. However, after observing Aryan's distress and fear following visits, the Magistrate reevaluates the situation and, prioritizing the child's emotional and psychological health, decides to suspend the visitation rights of the father, as per Section 21 of The Protection of Women from Domestic Violence Act, 2005.