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In Sham Kumbhakarna v. Yogita it was stated by Bombay HC that underDomestic Violence Act, 2005, permanent custody orders cannot be made by the court. In the following case the judicial magistrate passed an order, directing the husband (applicant) to pay maintenance to the wife as well as ordered him to hand over the custody of children to the wife till they attain majority.
The issue raised by the applicant is not regarding the maintenance order, instead the appeal is regarding the nature of the custody given to the wife.
The court observed that under Domestic Violence Act, 2005 the custody of the children under section 21 of the Act is temporary and the order for the same can only be passed during the pendency of the application under section 12 of the Act.
The bench observed: the term ‘at any stage of hearing’ in section 21 has to be interpreted liberally and therefore it cannot be restricted to the limit of during pendency of suit and the magistrate can grant temporary custody of the children while deciding the main application.
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