Very very utgent help
Sayeed Nazir
(Querist) 10 February 2012
This query is : Resolved
DEAR ALL, PLS HELP AS MY CASE IS COMING ON MONDAY WHETHER FATHER CAN FILE A INTRIM APPLICATION FOR VISITATION RIGHTS FOR HIS CHILD UNDER DOMESTIC VOILENCE ACT IF AT ALL SO,,, PLS SEND ME THE CITATION I WILL BE MUCH THANFUL FOR AQLL OF YOU IF U CAN HELP ME ON THIS 9940021979
V R SHROFF
(Expert) 10 February 2012
NO:
DOMESTIC VIOLENCE ACT IS FOR LADIES NOT YOU.
Shonee Kapoor
(Expert) 10 February 2012
Yes, father/ respondents can file application for visitation u/s 21 of PWDVA, 2005.
There are many success stories, feel free to contact the undersigned, if you require any help.
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
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sayeed Nazir
(Querist) 10 February 2012
Sir, thk u today intreim application came for hearing, the magistrate is asking any citation if so the visitation rights id been granted before by any other court in india pls help with a citation as i can produce it in court on monday plz help me
Sayeed Nazir
(Querist) 10 February 2012
sir my email id: bpj@sify.com cel:9940021979
adv. rajeev ( rajoo )
(Expert) 10 February 2012
Yes he can file there is no bar to file such an application
V R SHROFF
(Expert) 10 February 2012
SEC 2 (a) "aggrieved person" means ANY WOMAN who is or has been in domestic relationship with respondent.....
SEC 21 AGGRIEVED PERSON or the person making an application on HER behalf and specify ....
Mr. Kapoor:.
LAW IS VERY CLEAR. Aggrieved person of WOMAN or HER , on her behalf, not HIS behalf. If any citations, contrary to it, I will be very happy to know. Kindly let me know it.
A book before me:
Query: Can the respondent file ab application for custody of the child when it is in the custody and under the protection of the aggrieved person?
Answer: No.
The respondent has no right to file any application for grant of the custody of the child. If he wishes to get the custody of child, he shall file an Application before the competent Civil Court under the Guardians and wards Act, or any other law which can grant him such relief.
The order of the competent Civil Court overrides the order of the Magistrate.
Sayeed Nazir
(Querist) 10 February 2012
Me 2 confused sir. What todo plz help
V R SHROFF
(Expert) 10 February 2012
do not get confused.
Even if you apply under DV act, you are not going to loose anything. at the most Magistrate either allow your application or reject it.
So you have Civil Court Doors open to file custody & visiting right of your child!
No Tension.
Devajyoti Barman
(Expert) 10 February 2012
Interim application for visitation of the child can certainly be filed under the PWDV Act.
V R SHROFF
(Expert) 10 February 2012
" child can certainly"
DV Act did not provide : no provision.
mercy of Magistrate.
sec())
Though no harm to Apply,
Aggrieved person must be Woman as per DV!!
Advocate. Arunagiri
(Expert) 10 February 2012
You have to disclose under what sections the magistrate had taken up the case.
Deepak Nair
(Expert) 11 February 2012
Better to approach the district court for custody.
