A single judge of Gujarat High Court held a follows,
From Para 17,
17.Having said so, I cannot lose sight of the fact that nowhere under the Act learned Magistrate is permitted to pass final order of custody and any order that learned Magistrate can pass must have limited validity either in terms of time or happening of an event. Learned Magistrate cannot pass order granting permanent custody of the child to the aggrieved person.
From Para 20,
20.As pointed out by the counsel for the petitioner, the child has remained with the father since his birth. Child has remained with father exclusively since separation of husband and wife in May 2007. Three and half years have passed since then. He is stated to be studying in school at Ahmedabad. Wife has already instituted proceedings before the Sessions Court under the Guardian and Wards Act. She is stated to have also prayed for interim custody in such proceedings. In such proceedings detailed inquiry will be conducted. Both sides will have liberty to led evidence. Therefore, bypassing these proceedings, particularly, when the child has been with the father since May 2007 exclusively, I am of the opinion that learned Magistrate committed an error in granting temporary custody of the child to the mother. This part of the order therefore, requires modification.
Court Kutchehry version:
Citations:
Other Sources:
https://indiankanoon.org/doc/432251/
https://www.casemine.com/judgement/in/56091e7fe4b01497111b3b20
https://www.courtkutchehry.com/Judgement/Search/t/716336-dhaval-rajendrabhai-soni-vs-bhavini
Index of Domestic Violence Act judgments here.
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