This petition is filed seeking for a writ of certiorari to quash

Sections 21 and 31 of the Protection of Women from Domestic Violence

Act, 2005 (for short "the DV Act") as being ultra vires the Constitution.

The learned counsel for the petitioner submits that the provisions

of Section 21 and 31 of the DV Act are unconstitutional. So far as Section

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. Section 21 of the DV

Act which reads as follows:-

"21. Custody orders - 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 protection order

or for 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."

3.

It is further pleaded that in terms of Section 12 of