Uttarakhand High Court: Domestic violence laws punish acts or threats of violence committed by family and household members, dating partners, and others currently or formerly involved in intimate relationships.
Domestic violence is a violent act committed against a person in a domestic relationship whom the law protects from assault, such as a spouse, a relative, or a dating or sexual partner. Some states also classify threats to commit violent acts against protected persons as domestic violence. In addition to criminal penalties, domestic violence incidents can serve as grounds for court-issued protective orders that affect contact with the victim and child custody. To get justice one can put the case in Nainital high court.
Consult With a Lawyer
A conviction for a domestic violence offence can carry severe criminal penalties and restrictions on firearm possession. If you are accused of committing a domestic violence offence, or if you are named as the respondent by a person seeking a protective order against you, you should consult with an attorney skilled in handling such matters. A skilled attorney willable to aware you about Uttarakhand high court case status.
Domestic Violence Advocate Job Duties
Domestic violence advocates at Uttarakhand High Courthave a wide range of responsibilities, which can include:
• Interviewing clients to determine their needs and circumstances, such as housing status, employment status, and whether they have children or other dependents
• Educating clients about domestic violence issues such as abuse patterns, psychological effects, and available community resources
• Preparing case documentation such as police reports, incident reports, witness statements, subpoenas, and other legal documents
• Supporting victims through the legal process by accompanying them to court hearings and providing emotional support
• Providing referrals to shelters, counselling services, individual therapists, support groups, or other resources for victims of abuse
• Helping victims obtain protection orders against abusers, including counselling them on safety planning and how to prepare for court hearings
• Conducting group therapy sessions with abusers who have been ordered to attend counselling sessions by a judge
• Educating the community about domestic violence issues by speaking at schools, businesses, churches, and other community organizations.
Child custody law:
Child Custody cases involve both parents involved in a matrimonial dispute to establish that one is better than the other. Allegations are levelled to score over each other. Most forgotten questions in such allegations are the presentation of facts to establish how the action of each parent will serve the best interest and welfare of the children.Uttarakhand high court cause list is huge.
The legal regime regarding child custody cases and the law have shaped over the years. There have been continuous efforts to focus on the need and welfare of the child through various pronouncements. Experience tells the best outcome lies when both parents consent to an arrangement regarding children in a manner that advances the cause of holistic growth of the child.
Laws Governing Child Custody:
Child custody cases are governed under the following law.
1. Guardian and Wards Act, 1890
2. Section 26 of H.M.A.
3. Domestic Violence Act, section 21
4. Article 32/226 of the Constitution of India in exceptional cases
Place of Filing a Child Custody case
Child custody cases are filed in the Uttarakhand high court Nainital. If the father wants to file Child Custody, he must file the same. Thus, the family court or concerned competent Court shall have the exclusive jurisdiction over the child custody case to exclude all other courts.
Key Factors & Grounds while deciding the Child Custody cases
All courts seized of child custody cases are duty-bound to consider the minor child’s welfare or children as the case may be.
Following are the broad parameters that the Court considers while deciding the issue of child custody:
• Child’s proximity, closeness and love for the parent
• Whether uprooting the child from one parent to another will be adverse to the interest and welfare of the child
• Educational qualification of respective spouses and their immediate respective family members.
• Wishes the minor child, if he can form an opinion on his own
• Financial status of parties (Not too predominant as generally believed upon)
• Performances and achievements in curricular and co-curricular activities
• Overall behaviour and conduct of parties
It is filed for the expeditious determination of the issue. It is not a full-fledged child custody petition but has limited jurisdiction. However, the High Court of Uttarakhandhas extraordinary powers/jurisdiction to determine the issue to meet the urgency. The general approach of the High Court or Supreme Court is to direct parties to approach the Family Court to pursue their remedies.
However, there is no shortage of cases when the Supreme Court or High Court has exercised to decide the issue of the Custody of children. The Supreme Court or High Courts are passing urgent directions to meet the difficulty of the situation.
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