A Custody Order in a domestic violence case is a legal direction given by a Magistrate under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), granting temporary custody of a child to the aggrieved woman (usually the mother). Key Points about Custody Orders: 1. Legal Basis: Section 21 of the Domestic Violence Act, 2005 empowers the Magistrate to grant temporary custody of children. 2. Who Can Apply: The aggrieved woman (victim of domestic violence) can request custody of her child as part of her complaint under the Act. 3. Type of Custody: - Usually interim (temporary) custody is granted. - It can be later modified by a civil court with proper jurisdiction. 4. Visitation Rights: - The respondent (usually the husband) may be given visitation rights if the court finds it in the best interest of the child. - The court may deny visitation if it feels the child's safety is at risk. 5. Best Interest of the Child: The Magistrate considers the welfare and safety of the child above all else when granting custody. 6. Immediate Relief: This provision allows quick relief to a mother fleeing domestic violence by ensuring her children remain with her. 7. Enforcement: Custody orders are binding and enforceable like other court orders. Example: If a woman faces domestic violence and leaves her husband’s home with her minor child, she can request a Custody Order under the DV Act to legally retain the child’s custody and prevent the husband from taking the child away.

Dear client, Under the Protection of Women from Domestic Violence Act, 2005, a "custody order" is defined as an order granted in terms of section 21 of the Act. According to section 21, the Magistrate has the power to grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf. This can be done at any stage of the hearing of an application for a protection order or for any other relief under this Act. The Magistrate may also specify arrangements for the respondent's visits to the child or children. However, if the Magistrate believes that any visit by the respondent may be harmful to the child or children's interests, they shall refuse to allow such a visit. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.