A.
Dear Client,
The custody order passed by the Magistrate under Sec.21 of the D V Act is interim and temporary. Such an order of temporary custody is passed during the pendency of a DV case. A magistrate cannot pass an order granting permanent custody of the child to the aggrieved person in a DV case. So, for an application claiming a change of school for the child which is of a permanent nature, the DV Court is not empowered to allow such a claim of the applicant during the pendency of the DV Case. However, in case any adverse order is passed upholding the claim of your wife, you can challenge that order of the trial Court through an appeal either before the Session Court or the High Court seeking an injunction on the said order and appropriate relief. When you have the right to challenge the order of the trial court, you need not worry about consequences for non-compliance with the DV Court order unless your appeal before the High Court is disallowed or rejected. Reach out to an Advocate experienced in matrimonial cases for guidance and steps. Feel free to contact our legal team to navigate the issue in the right way.
Posted On 19-May-2024
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