Application for Custody Order under PWDVA

The DV Custody Order Application is governed by Section 21 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). This section empowers the Magistrate to grant interim custody of a child or children to the aggrieved person or to the person making an application on her behalf. The court considers the best interests of the child and the safety of the aggrieved person while deciding such applications.

The application is filed before the Magistrate's court having jurisdiction over the area where the aggrieved person resides or where the domestic violence occurred. The Ministry of Women and Child Development oversees the implementation of the PWDVA. For more information, visit the official website: wcd.nic.in.

The process for filing a DV Custody Order Application involves the following steps:

1. Filing the Application: The aggrieved person, along with a domestic violence lawyer, files an application under Section 21 of the PWDVA before the Magistrate.
2. Supporting Documents: The application must be accompanied by an affidavit and documents proving domestic violence, such as medical reports, police complaints, or photographs.
3. Hearing: The Magistrate hears both parties and may pass an interim order for custody of the child, considering the child's welfare.
4. Compliance: The order is enforceable, and violation can lead to contempt proceedings.

The key forms required for a DV Custody Order Application include:

• Form I: Application to the Magistrate under Section 12 of the PWDVA (for protection orders).
• Form II: Affidavit in support of the application.
• Form III: List of documents relied upon.
• Form IV: Application for interim custody under Section 21 (specific to custody). These forms are prescribed under the Protection of Women from Domestic Violence Rules, 2006.

To file a DV Custody Order Application, the applicant must be an 'aggrieved person' as defined under Section 2(a) of the PWDVA, i.e., a woman who is or has been in a domestic relationship with the respondent and alleges domestic violence. The application must be made for the custody of a child below 18 years. The court will consider the best interests of the child and the safety of the aggrieved person.

The timeline for a DV Custody Order Application varies depending on the court's schedule and the complexity of the case. The Magistrate is required to dispose of the application within 60 days from the date of first hearing, as per Section 12(5) of the PWDVA. However, interim custody orders may be granted earlier, often within a few weeks.

The court fee for filing a DV Custody Order Application is nominal and varies by state. Below is an indicative table of court fees in some states:

Note: These fees are subject to change. A domestic violence lawyer can provide the exact fee applicable in your jurisdiction.