HIMANSHU BANSAL Vs. RICHA PODDAR

JUDGEMENT

(1.) Petitioner seeks quashing of order dated 16.10.2017 of the Mahila Court and order dated 18.01.2018 of the Appellate Court, whereby, the appeal of the petitioner, impugning order dated 16.10.2017 of the Mahila Court, was dismissed and the petitioner/father was directed to handover the interim custody of the minor daughter to the respondent/mother.

(2.) Respondent/Mother had filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and inter alia asked for custody of the minor child aged about 2 years.

(3.) Both the Mahila Court as well as the Appellate Court noticing the gender as also the age of the child were of the view that there is nothing on record to show that it would be detrimental to the interest of the minor child if the custody of the minor child was given to the mother. Both the Mahila Court as well as the Appellate Court were of the view that the issue of the permanent custody could be decided by an appropriate Court/Guardianship Court and the Mahila Court could only decide on the issue of temporary custody.