ASHWINI PRADHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed seeking for a writ of certiorari to quash Ss. 21 and 31 of the Protection of Women from Domestic Violence Act, 2005 (for short "the DV Act") as being ultra vires the Constitution.

(2.) The learned counsel for the petitioner submits that the provisions of Sec. 21 and 31 of the DV Act are unconstitutional. So far as Sec. 21 of the DV Act is concerned, the same would refer to the custody of the child being given by the orders of the Magistrate. Sec. 21 of the DV Act which reads as follows:-

(3.) It is further pleaded that in terms of Sec. 12 of the Guardian and Wards Act, 1890 (for short "the Guardians and Wards Act") the provisions are quite different. The same reads as follows:-