Law4u - Made in India

What is a Custody Order in a domestic violence case?

30-May-2025
Domestic Violence

Answer By law4u team

A Custody Order in a domestic violence case is a legal direction given by a Magistrate under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), granting temporary custody of a child to the aggrieved woman (usually the mother). Key Points about Custody Orders: 1. Legal Basis: Section 21 of the Domestic Violence Act, 2005 empowers the Magistrate to grant temporary custody of children. 2. Who Can Apply: The aggrieved woman (victim of domestic violence) can request custody of her child as part of her complaint under the Act. 3. Type of Custody: - Usually interim (temporary) custody is granted. - It can be later modified by a civil court with proper jurisdiction. 4. Visitation Rights: - The respondent (usually the husband) may be given visitation rights if the court finds it in the best interest of the child. - The court may deny visitation if it feels the child's safety is at risk. 5. Best Interest of the Child: The Magistrate considers the welfare and safety of the child above all else when granting custody. 6. Immediate Relief: This provision allows quick relief to a mother fleeing domestic violence by ensuring her children remain with her. 7. Enforcement: Custody orders are binding and enforceable like other court orders. Example: If a woman faces domestic violence and leaves her husband’s home with her minor child, she can request a Custody Order under the DV Act to legally retain the child’s custody and prevent the husband from taking the child away.

Answer By Anik

Dear client, Under the Protection of Women from Domestic Violence Act, 2005, a "custody order" is defined as an order granted in terms of section 21 of the Act. According to section 21, the Magistrate has the power to grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf. This can be done at any stage of the hearing of an application for a protection order or for any other relief under this Act. The Magistrate may also specify arrangements for the respondent's visits to the child or children. However, if the Magistrate believes that any visit by the respondent may be harmful to the child or children's interests, they shall refuse to allow such a visit. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Domestic Violence Verified Advocates

Get expert legal advice instantly.

Advocate Krishan Jhajhria

Advocate Krishan Jhajhria

Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Mahipal Singh

Advocate Mahipal Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Trademark & Copyright

Get Advice
Advocate Kasim Advocate

Advocate Kasim Advocate

Anticipatory Bail, Cheque Bounce, Consumer Court, Criminal, Domestic Violence

Get Advice
Advocate Meherdeep Chaurasia

Advocate Meherdeep Chaurasia

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Property, Succession Certificate, Revenue, Landlord & Tenant, High Court, Medical Negligence, Child Custody, Court Marriage, Breach of Contract

Get Advice
Advocate Sandeep Kumar Gupta

Advocate Sandeep Kumar Gupta

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue, Criminal, Insurance, Arbitration

Get Advice
Advocate Ch.sanjay Kumar

Advocate Ch.sanjay Kumar

Anticipatory Bail,Cheque Bounce,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,Motor Accident

Get Advice
Advocate Dhruv Mangla

Advocate Dhruv Mangla

Breach of Contract, Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law, Property, RERA, Startup

Get Advice
Advocate Aditi Vashisht

Advocate Aditi Vashisht

Criminal, Civil, Consumer Court, Cheque Bounce, Banking & Finance, Child Custody, Domestic Violence, Divorce, Family, Labour & Service, Motor Accident, RERA, NCLT, Medical Negligence

Get Advice
Advocate Harjeet Singh

Advocate Harjeet Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, Labour & Service, Motor Accident

Get Advice
Advocate Rohit Sharma

Advocate Rohit Sharma

Criminal, Family, Divorce, Domestic Violence, Anticipatory Bail, Court Marriage, Consumer Court, Cheque Bounce, Motor Accident, Civil, Child Custody

Get Advice

Domestic Violence Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.