Dv s 21 custody orders

Never Give Up (Querist) 22 May 2012 This query is : Resolved
Hello Experts,

Husband and family hit by DV, Kid with wife since birth and now 3+ years young. Can husband pray for visitation rights under DV S21 (custody orders) ? Is there anybody in forum who was successful in achieving visitation rights under DV ? If so please share experience and procedure to do so.

Thank you.

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SAINATH DEVALLA (Expert) 22 May 2012
Section 21 DV Act says that the Magistrate can grant custody or visiting rights to the father,provided he is satisfied that the visit or ustody of the child is not harmful.But the child should have completed the age of 5 yrs.

Shonee Kapoor (Expert) 23 May 2012
Yes, you can get visitation orders under S 21 of PWDVA, 2005.

There is no bar of 5 years in the case of visitation.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Never Give Up (Querist) 23 May 2012
Thank you Experts ..

J K Agrawal (Expert) 23 May 2012
Certainly you have a right to meet your children. No Court can impose absolute bar.

and this is not a tough job and even a new advocate can get this type of relief easily from the Court.

Never Give Up (Querist) 23 May 2012
Thank you Agrawalji..for keeping the hope alive to meet my kid ..

Never Give Up (Querist) 24 May 2012
Thank you Experts.

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