Can i file for child access in DV court

shashiprakash (Advocat)     27 November 2018

Dinesh Patel   27 November 2018

Sachin (N.A)     27 November 2018

Originally posted by : Dinesh Patel
	Thankyou sir for the prompt reply one more thing sir can I file for the access in the same court where DV matter is going on or i have to file in Family court

 

Best option is to move to family court, as in that court you have legal right to claim custody and visitation rights.

In DV act ONLY WOMEN can apply for visitation rights u/s 21: ( because aggrieved person is compalainat in DV Act )

Read section 21 carefully 

Section 21 in The Protection of Women from Domestic Violence Act, 2005

 

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.

 

If you want to file APPLICATION OF VISITATION RIHGTS in DV Act. It is court discretion whether to allow you or not. There is no particular section for it . But if still you want to try you luck. I'm posting a link of judgement which may help you.

 

 

 

 

 

 

Sachin (N.A)     27 November 2018

Dinesh Patel   27 November 2018