Notwithstanding anything contained in any other law for the time being in force , the Magistrate may, at any stage of hearing of the application for grant of relief for a protection order or any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent:
Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit.
Legal Commentary & Landmark Judgments: Section 21
Section 21 empowers the Magistrate to grant temporary Custody Orders for children and specify visitation arrangements during domestic violence proceedings.
Section 21 safeguards child welfare in matrimonial discord, empowering Magistrates to grant temporary custody arrangements and regulate visitation rights.
Section 21 functions as an emergency parental shield. Abusive respondents frequently weaponize minor children by forcibly snatching them from mothers to coerce settlements. Section 21 bypasses protracted guardianship suits under the Guardians and Wards Act, granting immediate interim physical custody to the mother.