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Q: Describe section 21 of Domestic Violence Act, 2005 ?

Ans: Temporary Custody and Access to Children under the Protection of Women from Domestic Violence Act, 2005. Orders related to custody may also be passed by a Court during the pendency of proceedings under the D.V.A. Act, 2005 in a manner similar to proceedings under the aforementioned three legislations. As is the case with other legislations, welfare of the child is given paramount consideration. However, orders for custody and access under the D.V.A. Act cannot be permanent, and are only temporary in nature. Section 21 of the Protection of Women from Domestic Violence Act. 2005 reads as under: Section 21 in The Protection of Women from Domestic Violence Act, 2005 deals with 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 a 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...
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Q: Describe the citation of Ansar V. Nadeera and Ors ?

Ans: Upon a cursory reading, it may prima facie seem that section 12 or section 45 do not refer to visitation rights or access to a child. However, the phrases "production of minor by a person having custody of minor at a particular time and place before a person that the Court appoints" and "order for temporary custody' referred to in sections 12 and 45 lead to an obvious inference that the same pertain to visitation rights and access to a child.  Section 12 mentions about power to make interlocutory order for production of minor and interim protection of person and property. Section 45 mentions about penalty for contumacy. In the case of Ansar v. Nadeera and Ors,   a husband had obtained an interim order from the Family Court at Chavara directing his wife to hand over custody of two children on every second Saturday and succeeding Sunday. However, since the wife wilfully disobeyed the order, he filed an application under Order XXXIX, rule 2A of the Code of Civil Pr...
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Q: What is the penalty for contumacy ?

Ans: "Section 45(1) Penalty for contumacy.-(1) In the following cases, namely:- (a) If a person having the custody of a minor fails to produce him or cause him to be produced in compliance with a direction under section 12, sub-section (1), or to do his utmost to compel the minor to return to the custody of his guardian in obedience to an order under section 25, sub-section (1); or (b) if a guardian appointed or declared by the Court fails to deliver to the Court, within the time allowed by or under clause (b) of section 34, a statement required under that clause, or to exhibit accounts in compliance with a requisition under clause  (d) of that section; (c) if a person who has ceased to be a guardian, or the representative of such a person, fails to deliver any property or accounts in compliance with a requisition under section 41, sub-section (3), the person, guardian or representative, as the case may be, shall be liable, by order of the Court, to fine not exceeding one hundred ...
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Q: Describe about the contumacy of an order of visitation rights ?

  Ans :  Contumacy of an order Once an order for custody or visitation/access is passed, the parent, in whose favour an order for visitation/access is passed, is often faced with an even bigger dilemma. This is regarding enforcement of the order of visitation/access. If such an order is passed with consent of the custodial parent, a tendency of compliance is usually observed; however, if the order is passed by the Court after a contest by the custodial parent, the non-custodial parent often faces the consequences of frequent violations of the order by the custodial parent. This leads to practical difficulties for the non-custodial parents since: (a) Firstly, it is difficult to prove violation of visitation/access order during an enforcement or execution proceeding; (b) Secondly, the concerned non-custodial parent cannot now and then approach Courts upon frequent violations of order of visitation/access: (c) Thirdly and most importantly, there is no specific provision related t...
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Q: Describe the visitation rights and access ?

Ans: Since it is against the welfare of a child to insulate him from the parental touch and influence of the non-custodial parent, the law requires that a Court must grant visitation rights in ordinary course. If a non-custodial parent is not in physical proximity, use of technology in telecommunications like video-conferencing must be encouraged. Keywords used:  Proximity: nearness in space, time, or relationship.
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Q: Delineate the citation of Mausami Moitra Ganguly v. Jayant Ganguly ?

Ans:  Case study - Petition for child-custody under the Guardians & Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956 In Mausami Moitra Ganguly v. Jayant Ganguly, after Mausami Ganguly's petition seeking divorce was allowed ex parte in September 2002, she filed a petition under sections 10 and 25 of the Guardians and Wards Act, 1890 read with the provisions of the Hindu Minority and Guardianship Act, 1956 before the Family Court, Allahabad in April 2003 seeking a direction against her husband, Jayant Ganguly, to hand over the custody of the child to her and for a declaration in her favour that she be declared as the lawful guardian of her minor son, Satyajeet. Her petition was contested by her husband (the minor's father), Jayant Ganguly. He alleged that having left the minor when he was less than three years of age, Mausami had no emotional bond with the child, and after leaving Allahabad, she had neither talked to the minor nor had enquired about his...
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Q: Discuss custody of child in remarriage of parent ?

Ans:   Custody of child in Remarriage of parent Remarriage of a parent is one of such factors, which though relevant, may or may not influence a Court's decision to a large extent. The factum of remarriage will only play a supplementary role to the other more influential factors. A comparison of three cases involving this issue may provide an insight into the influence of this factor: (a) In Saraswatibai Shripad Ved v. Shripad Vasanji Ved, when the father of minor had married again, the High Court of Bombay observed that while remarriage by itself may not be a ground for depriving the father of the custody of his minor child; taking human nature into consideration, a step-mother cannot be expected to be deeply interested in the welfare of a minor stepson, nor likely to give him the attention, love and sympathy that the child naturally requires. Therefore, it would be in the interest of the child that it is brought up by its mother. (b) In Lekha v. P. Anil Kumar, the Supreme Court o...
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