A father can seek visitation rights to his child under the Domestic Violence Act if the kid is in the mother’s custody, Bombay High Court has ruled.

Justice Prakash Naik last Friday dismissed an application filed by a mother challenging a sessions court’s order granting visitation rights to her estranged husband.

The mother in her plea claimed that the sessions court had erred in passing such an order as under Section 21 of the Protection of Women from Domestic Violence Act, only an aggrieved mother could seek custody or visitation of her child.

The mother claimed that a father had no right to independently prefer an application under Section 21 of the Act for custody orders.

The plea also claimed that a father could seek custody of his child only under Section 26 of the Hindu Marriage Act.

The father opposed the plea, saying he was not seeking permanent custody of the child at this stage but only visitation rights.

Justice Naik in his order said if the interpretation advanced by the wife was accepted, it would defeat the whole purpose of the Protection of Women from Domestic Violence Act.

The court noted that the Act aimed to prevent occurrence of domestic violence in society and keeping that in view, protection orders for the safety of aggrieved persons, which include children, would have to be passed.

It also said the applicant’s interpretation of Section 21 of the Act could not be accepted as there might also be a situation where a child is in custody of the mother.

“...in cases where the child is in custody of the mother, the father can avail remedy under the said Section of the DV Act,” the court observed.

The high court noted that child visitation guidelines are to ensure that the kid gets to spend equal or substantial time with both parents.