- 16-Aug-2025
- Marriage and Divorce Laws
In child custody cases, situations may arise where one parent seeks to prevent the other from causing harm, harassment, or distress to the child or the custodial parent. Restraining orders are legal instruments designed to protect individuals from threats or harassment, and they can play a crucial role in custody disputes when one parent fears for their safety or the safety of the child. In India, a restraining order can be requested during a custody case under various provisions, especially in cases involving domestic violence, harassment, or endangerment of the child’s welfare. However, the process and grounds for granting such an order depend on the nature of the allegations and the legal framework involved.
In India, Section 12 of the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act) is one of the primary provisions under which a restraining order (referred to as a protection order) can be sought during a custody case.
The Domestic Violence Act provides legal protection to women (and children in certain cases) from physical, emotional, and psychological abuse by the other spouse or family members. If one parent is facing domestic violence or feels harassed by the other parent, they can approach the Family Court and request a protection order, which may include a restraining order to prevent the abusive parent from having contact with the custodial parent or the child.
A protection order can bar the abuser from committing any further acts of violence or harassment and can include provisions for preventing them from approaching the custodial parent or child within a specified distance.
Section 125 of the Criminal Procedure Code (CrPC) allows a wife, child, or dependent to seek maintenance from the husband or father. In some cases, the court may issue a restraining order or preventive measures if there are allegations of harassment, threats, or violence that could harm the child or the custodial parent during the pendency of the case.
Though Section 125 itself primarily addresses maintenance, the courts may order restraining measures to ensure that the parties comply with the legal proceedings and that the child or custodial parent remains safe.
Family courts in India are empowered to issue temporary orders related to child custody disputes, which may include orders for preventing one parent from causing harm to the child or the other parent. For example, the court can issue a temporary injunction or restraining order if one parent’s behavior is deemed to endanger the safety or well-being of the child.
Family courts also have discretion to issue orders of protection to ensure that the child is not exposed to inappropriate or harmful environments.
In the context of child custody, the welfare of the child is the paramount concern. If a parent believes that the other parent poses a risk to the child’s well-being, either through violence, neglect, or unfit behavior, they may request a restraining order as part of the broader custody proceedings.
In such cases, the court will assess the risk posed to the child and may issue orders preventing the alleged abuser from making direct contact with the child or the custodial parent during the custody proceedings. The restraining order will usually remain in effect until the final custody decision is made.
A restraining order in a custody case can be requested by filing an application before the Family Court where the custody case is pending. The application must detail the reasons for seeking the order, such as incidents of domestic violence, threats, harassment, or concerns about the child’s safety.
In cases involving domestic violence or harassment, the application can also be filed under the Domestic Violence Act.
The applicant will need to provide evidence to support the claims for a restraining order. This can include medical reports, police complaints, witness testimonies, or any other documentation proving that the respondent has caused harm or posed a threat to the child or the custodial parent.
If allegations of domestic violence are involved, photographs of injuries, medical reports, or statements from social workers or psychologists may be submitted.
Upon receiving the application, the court will consider the circumstances and the evidence presented. If the court finds that the parent or child is at risk of harm or that there is a genuine fear of harassment or violence, the judge may issue an interim restraining order.
The court will typically make a temporary order first, which may prevent the accused parent from approaching the child or custodial parent for a specific period or until the next hearing.
The court may also decide to refer the matter to mediation or counseling, particularly if there is a need for reconciliation or if the dispute is complex.
A hearing is scheduled where both parties present their arguments and evidence. If the allegations are substantiated, the court may issue a permanent restraining order, which remains in effect until further court orders or a change in circumstances.
The restraining order may include a provision for supervised visitation for the non-custodial parent if the court determines that the child’s safety can be ensured during visits.
The court may issue a non-contact order, which prohibits the offending parent from making direct contact with the child or the custodial parent, either in person, by phone, or through any form of communication (emails, texts, social media, etc.).
In extreme cases, the court may order that the offending parent be excluded from the residence or the child’s school, particularly if they pose a direct threat to the safety of the child or the custodial parent.
While the restraining order addresses the safety concerns, the court may also issue a temporary custody order, placing the child under the sole custody of the safer parent while the custody dispute is being resolved.
If the court believes the non-custodial parent poses a low risk to the child but still needs to have contact, it may allow supervised visitation. This means that visits with the child will be monitored by a third party to ensure the child’s safety.
Suppose in a custody dispute, a mother, Priya, claims that her ex-husband, Arvind, has been harassing her and making threats against her and their 6-year-old daughter, Anya. Priya seeks a restraining order from the family court during the proceedings. She presents evidence of threatening messages and witness testimony that Arvind had been violent in the past.
Priya files an application under the Domestic Violence Act, requesting a protection order that includes a restraining order barring Arvind from coming within 100 meters of her or Anya.
The court issues an interim restraining order after reviewing the evidence, prohibiting Arvind from contacting Priya or Anya directly. The court also schedules a hearing for a final order and orders both parties to undergo counseling for co-parenting.
In the final order, the court may modify the visitation arrangements, allowing Arvind to have supervised visits with Anya while continuing to enforce the restraining order to protect Priya and Anya.
In India, a restraining order can be requested during a custody case when one parent fears for their safety or the child’s well-being due to domestic violence, harassment, or other forms of abuse. The legal process for obtaining such an order involves filing an application, presenting evidence, and allowing the court to make a determination based on the best interests of the child and the safety of the custodial parent. The Family Court, under the Domestic Violence Act or CrPC, has the power to issue temporary or permanent restraining orders to protect individuals involved in custody disputes.
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