Courts can order ‘temporary custody’ of the child/children for aggrieved persons; However, Courts cannot pass orders for permanent custody of child/children during the pendency of cases under the Protection of Women from Domestic Violence Act, 2005 or on an application pending for protection order.
The Bombay High Court disagreed with the views and order of a Magistrate who said that the court has power to order for permanent custody not only during the pendency of application for relief(s) but also after disposal of the application. Disagreeing with the views of the said Magistrate, the High Court emphatically said that during pendency of a suit under domestic violence matter, no court can pass an order for permanent custody of child/children.
The High Court is of the view that ordering permanent custody of the child/children during the pendency of a suit/application was not the intention of the legislature while framing the enactment.
Whether this intention and order of the hon’ble High Court applies equally to both the sexes while contesting matter is to be seen!
Dr. Gubbi. S. Subba Rao
Counselor & Advocate