custody of minor in domestic violence act
vinod bansal
(Querist) 15 May 2009
This query is : Resolved
Sir
My bhabhi (wife of my deceased real brother,)had given the custody of her minor son after death of her husband to me & my wife vide registered adoption deed after adoption now after about one year of adoption deed my bhabhi has filed a application under domestic violence act against us & has demanded custody of her minor son which she has already been given in adoption to me & my wife.now question is this whether court can pass an order against us for giving custody of minor son to my applicant bhabhi.further a civil suit was also filed by my bhabhi for declaration of adoption deed null & void which was later on withdrawn by her without any reason or reserving any right,now no litigation is pending regarding adoption deed in any court.plz help
adv. rajeev ( rajoo )
(Expert) 15 May 2009
SEc 21 of the DV act says that Notwithstanding anything contained in any other law for the timne being in force, the Magistrate may,m at any stage of hearing of the application for Protectin Order or for any other relief under this Act grant temporary custody of any child or children to the aggreibved person or the person making child or children to the aggrieved person or the person making an application of her behalf and specify.if necessary, the arrangements for visit of such child or chidlren by the respondant.
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.
In ur case u have got adoption deed I think it is regd., one. U can take a defense of the deed and the case withdrawn by your bhabhi. U have to produce all these documents to show that ur bhabhi is not entittle to get the relief.Still adoption deed is intact, it is not challenged.
Swami Sadashiva Brahmendra Sar
(Expert) 16 May 2009
Mr. vadrali is right. further, you should prepare a case against your bhabhi for malicious prosecution. take a plea that virtually she wants to defy the adoption under garb of domestic violence .
RAKHI BUDHIRAJA ADVOCATE
(Expert) 16 May 2009
