Custody orders
Section 21 of 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 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 The Act came into force on 26 Oct 2006.
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:
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.
Section 21, The Protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vaishali Abhimanyu Joshi vs Nansaheb Gopal Joshi
Court's Decision & Legal Precedent
When a suit between licensor and licensee for recovery of possession of immovable property is cognizable by a Small Causes Court under Section 26(1) of the Provincial Small Cause Courts Act, 1887 (as amended by Maharashtra Act 24 of 1984), the counter-claim filed by the defendant seeking residence rights under Section 19 of the Protection of Women from Domestic Violence Act, 2005 is fully entertainable by the Small Causes Court, as the 'non obstante' clause in Section 26(1) overrides the jurisdictional limitations in Schedule II (Item 11), and Section 26 of the DV Act 2005 explicitly permits reliefs under Sections 18-22 to be sought in any legal proceeding before a civil court, including Small Causes Courts.
On this section: Cited as one of the reliefs available under the Act
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Kunapareddy @ Nookala Shanka Balaji vs Kunapareddy Swarna Kumari
Court's Decision & Legal Precedent
Courts dealing with petitions/complaints filed under the Domestic Violence Act, 2005 have the inherent power to allow amendments to such petitions/complaints even though no specific amendment provision exists in the Criminal Procedure Code, 1973. Such amendments can be allowed in appropriate cases where: (1) the amendment relates to curable infirmities or subsequent events creating new causes of action; (2) allowing the amendment serves to avoid multiplicity of litigation; (3) no cognizance has been taken or summons issued; (4) the amendment does not fundamentally change the nature of the complaint; and (5) no prejudice is caused to the respondent. The civil nature of reliefs available under the Domestic Violence Act and the Legislature's intent as reflected in Section 28(2) support the exercise of this power.
On this section: Empowers Magistrate to decide custody of children. Court noted this as civil relief available.
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Rajeshwari Bhanubhai Sharma vs Bhanubhai S Sharma, ANR
Court's Decision & Legal Precedent
A Division Bench dismissed a habeas corpus petition for the custody of a minor child on the ground that the petitioner had already invoked the alternate statutory remedy of an interim custody application under the Protection of Women from Domestic Violence Act in a pending DV case, and that writ jurisdiction under Article 226 will not be exercised where that remedy has been availed of.
On this section: Holds that the interim custody remedy under Section 21 before the Magistrate is the appropriate forum for a custody claim, so that a parallel habeas corpus petition for the same relief is not maintainable.
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Neerajbala vs State, Ors.
Court's Decision & Legal Precedent
The Court held that where a mother has custody remedies available under the Protection of Women from Domestic Violence Act and the Hindu Marriage Act, a habeas corpus petition is not the route to obtain or enforce custody of minor children, because the writ court cannot act as an executing court for the orders of the Magistrate and alternative remedies must be exhausted.
On this section: Locates the enforcement of custody orders made under Section 21 in the Magistrate's own jurisdiction rather than in the writ court, so that non-compliance with a Section 21 order is not a ground for habeas corpus.
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Balasani Srinivas vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
In revision under Sections 397 and 401 CrPC the Court held that a temporary custody order passed by the Magistrate during the pendency of the domestic violence case is an interim arrangement only, that the welfare of the children and the practical custody arrangement already in place govern its enforcement, and that such an order may be suspended on condition that the maintenance directed is deposited, with a direction to the trial court to dispose of the DVC within three months.
On this section: Treats the Magistrate's power to grant temporary custody under Section 21 as an interim, welfare-driven jurisdiction whose orders can be suspended on conditions pending disposal of the main domestic violence case.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… M.A. 287/2012 - 4] Smt. Varsha Rajesh Shyamdasani Aage 25 years R/at : 2nd floor, Opp.Sai Vasan Shah Darbar Sai Vasan Shah Road, Ulhasnagar- 421 005 - 5] Shri. Vashumal Chandwani Age 45 years, R/at : 1st floor, Sai Complex Opp.Swami Shanti Prakash Ashram Ulhasnagar- 421 005 ......Opponents Application under Section 12, 18, 19, 20, 21, 22 of Protection of Women from Domestic Violence Act, 2005 Ld. Adv. Shri. P. B. Mahale for applicants Ld. Adv. Shri Sanjay Sonawane for opponents J U D G M E N T (Delivered on this 25th Day of October, 2016 ) This is the application filed under Section 12 of the Protection of Women from Domestic Violence …
Questions about Section 21
What have the courts held on Section 21 of the Protection of Women from Domestic Violence Act?
Vaishali Abhimanyu Joshi vs Nansaheb Gopal Joshi (09 May 2017) is the leading judgment on this section among those set out below: Cited as one of the reliefs available under the Act. Another 4 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2007 to 2023.
How do I find court cases under Section 21 of the Protection of Women from Domestic Violence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: DV Act 21, section 21 DV Act, section 21 of the Protection of Women from Domestic Violence Act. People searching for it also type dv act 2005 section 21. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Vaishali Abhimanyu Joshi vs Nansaheb Gopal Joshi (09 May 2017).
What should I read with Section 21 of the Protection of Women from Domestic Violence Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 21 of the Protection of Women from Domestic Violence Act come into force?
Section 21 of the Protection of Women from Domestic Violence Act, cited as DV Act 21, came into force on 26 Oct 2006, having been enacted on 13 Sep 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions623 words
- 3. Definition of domestic violence482 words
- 37. Power of Central Government to make rules443 words
- 19. Residence orders431 words
- 9. Duties and functions of Protection Officers360 words
- 20. Monetary reliefs336 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.