Custody Orders (Section 21)
Legal provisions for granting temporary custody of children in domestic violence cases
Legal Provision
Section 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.
Key Features of Custody Orders
Temporary Custody: The Magistrate can grant temporary custody of children to the aggrieved person (victim) or someone acting on her behalf
At Any Stage: Custody orders can be granted at any point during the hearing of the protection order application
Visit Arrangements: The court can specify arrangements for the respondent (accused) to visit the children
Child Protection: If visits by the respondent are deemed harmful to the child's interests, the Magistrate can refuse such visits
Important Provisions
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.
This provision ensures that the child's best interests are prioritized, and potentially harmful contact with the abusive parent is prevented.