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BattleBegins (s)     28 January 2018

Need application format for husband u/s 21 of dv act

Hi

My wife filed DV and 125 on me. I want to apply for child visitation under section 21 of DV act. Can please someone send me the application format ?

 

Thanks



Learning

 2 Replies

Sachin (N.A)     29 January 2018

Originally posted by : BattleBegins
Hi

My wife filed DV and 125 on me. I want to apply for child visitation under section 21 of DV act. Can please someone send me the application format ?

 

Thanks

 

Visitation rights under section 21 of DV Act can be claimed by your wife only and not by you. Please read section 21 of DV Act  again :

 

 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."

 

So it is specifically mentioned that visitation rights can be granted to "aggrieved person" which means complainaint / petitioner. 

 

You can claim visitation rights under section 28 (2) of DV Act Which says "Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 "

 

In support of your application under section28(2) you can file below mention judgement:

https://www.lawyersclubindia.com/share_files/Visitation-rights-under-DV-Act-9418.asp

ajit pal singh   23 October 2022

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: 

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.

what about this dont give half information

 


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