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 making an application on her behalf and specify, if necessary, the arrangements for the 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."

In any application under the D.V.A. Act concerning remedies provided related to protection, shelter, maintenance, compensation, or residence, an ancillary relief qua temporary custody can also be sought by an aggrieved person or by someone on her behalf till the determination of the main application, that is, till the conclusion of proceedings under the Act. However, as indicated earlier, the arrangement of such custody can only be temporary in nature and would remain in operation only until the proceedings in the main application are pending.

The other noteworthy aspect of this provision is that temporary custody can be arranged only if you are an 'aggrieved person' or someone on behalf of aggrieved person'. A bare reading of the provision appears to suggest that no male can seek measures concerning temporary custody under this provision since a male would not fall within the scope of being an "aggrieved person" under the D.VA. Act. However, as the below mentioned case study suggests, access to visitation rights to the child can be sought by a male, if he is joined as a respondent in a case under the D.V. Act.