No order for ‘Permanent' Custody of Children to be granted in Domestic Violence cases
July 18, 2018The Bombay High Court has ruled that the 'permanent custody' of children cannot be granted during the pendency of an application for protection order or other reliefs under the Protection of Women from Domestic Violence Act, 2005.
However, the Court could grant ‘temporary custody’ of a child or children to the aggrieved person during the pendency of the application under the Act.
The Court has given this observation in a case where a Judicial Magistrate had ordered the husband to give the custody of the minor children to his wife during the summer vacations until they attain the age of majority and also allowed the wife to visit her children during other holidays.
The Court has disagreed with the view of the Magistrate that the temporary custody can be granted not only during the pendency of application for protection orders or other reliefs but also after the disposal of the said application. The Court has further clarified that the custody of children during the pendency of the application for protection order or other reliefs can be granted only temporarily and not permanently.
The Court is of the view that granting permanent custody of a child or children during the pendency of the application for protection orders or other reliefs was never the intention of the Legislature while creating the Act.