What is a Custody Order under the DV Act?

A custody order under the Domestic Violence Act (specifically Section 21 of the Protection of Women from Domestic Violence Act, 2005) grants a mother, or someone acting on her behalf, temporary physical custody of a child during legal proceedings. It provides immediate protection by preventing a batterer from using the child as leverage.

Details of a DV Custody Order

Immediate Relief: A Magistrate can grant temporary custody at any stage of the hearing to ensure the safety and well-being of the children.

Visitation Rights: The court can set specific visitation arrangements for the respondent (abuser). However, if the court believes the visits are harmful, it will deny visitation entirely.

Temporary Nature: This is strictly an interim arrangement to protect the child while violence is being addressed. It does not determine permanent custody, which must be pursued through dedicated family or civil courts under acts like the Guardians and Wards Act.

The child's welfare remains the paramount consideration.