‘If father is unable to meet children, litigation will not increase’, SC questions Attorney General on Domestic Violence Act

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New Delhi: Under the Domestic Violence Act, if the husband does not have the right to apply for child custody and visiting rights, then it will lead to litigation. The Supreme Court has asked the Attorney General that the legislature look into the issue. The matter related to domestic violence is pending in the Supreme Court. The Supreme Court had sought the opinion of the Attorney General in this matter. In fact, during the hearing in the domestic violence case, the lower court had passed an order to meet the child on the application of the husband. The wife has filed a case under the Domestic Violence Act. The Sessions Court set aside the lower court’s order and the High Court also upheld the Sessions Court’s decision, after which the matter came before the Supreme Court. The Supreme Court had sought the opinion of the Attorney General. The Attorney General said that under Section 21 of the DV Act, there is a provision that in the case of the child’s custody and visiting rights, the aggrieved person can make an application and here the victim will be a woman. On this, the Supreme Court questioned that if the husband cannot apply in the child visit case under the DV Act, then it will increase the litigation. The Supreme Court said that the question is whether a man can apply in a child custody case under the DV Act? The Chief Justice expressed concern that if the man does not have the right to apply for visit rights under the DV Act, then the trial will increase. The Attorney General in the Supreme Court said that the man can take recourse to other legal provision not under the DV Act. The Supreme Court said that the point is to bring such a matter under one umbrella and the legislature should look into it. The Supreme Court said that if the matter is pending under the DV Act, then how can the husband go to another court. The Attorney General in the Supreme Court said that he will present the judgment and notes in the case. The hearing has been adjourned by the court for two weeks.

[Attribution to NBT]

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