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Section 15: Assistance of welfare expert

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005
Section 14 All 37 Sections of Domestic Violence Act, 2005 Section 16

Legal Commentary & Landmark Judgments: Section 15

Section 15 authorizes the Magistrate to secure the expert assistance of a qualified family or child welfare specialist, preferably a woman, to assist the court in discharging its adjudicatory functions under the DV Act.

  • Expert Assistance Mechanism: The Magistrate may, in any proceeding under this Act, seek the assistance of any person engaged in promoting family welfare or child development.
  • Preference for Female Experts: Statutorily dictates that such assisting person should, preferably, be a woman with specialized background in social work or psychology.
  • Child Custody & Trauma Evaluation: Crucial when assessing interim custody of children under Section 21, evaluating parental alienation, or assessing the emotional impact of domestic violence on minor children.
Key Landmark Precedents:
  • Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42: The Supreme Court underscored that in evaluating the welfare of minor children caught in domestic cross-fire, courts must utilize the assistance of child psychologists and welfare experts to ascertain the true emotional state of the child.
  • Yashita Sahu v. State of Rajasthan (2020) 3 SCC 67: Reiterated that procedural provisions like Section 15 provide the court with the specialized tools needed to safeguard the best interests and welfare of minor children in fractured matrimonial homes.
Courtroom Practice & Strategic Litigation Guidance:

When custody of a tender-aged child is contested under Section 21 and the respondent raises allegations of maternal unfitness, move an application under Section 15 requesting the appointment of a court-recognized child welfare expert to submit an objective home-study and interaction report.

Section 14 All 37 Sections of Domestic Violence Act, 2005 Section 16