Whether Magistrate can give custody of minor child to wife under Domestic violence Act ?.

*🌞Whether Magistrate can give custody of minor child to wife under Domestic violence Act?💙*

As is clear that Section 21 of the Act postulates that "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." That means, the Magistrate has vast power to order interim custody of minor child and the contrary contention of learned counsel for petitioner "stricto sensu" deserves to be and is hereby repelled under the present set of circumstances.

Punjab-Haryana High Court

*Balwinder Singh  Vs Harpreet Kaur*

Date of decision:-10.7.2012

CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR

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