Adulterous spouse does not equal incompetent parent and cannot deprive children of custody: HC

The Delhi High Court has ruled that an adulterous spouse does not equal an incompetent parent and that a person’s extramarital affair cannot be the sole determining factor in depriving him or her of custody of their children.

The High Court said points to be considered in divorce proceedings and custody matters may be relevant but they are always “mutually exclusive”.

A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said even if adultery on the part of a parent is proven, he or she cannot be deprived of the right to their children custody unless there is more evidence that the adultery affected the welfare of the child. children.

“‘Adultuous spouse’ does not equate to ‘incompetent parent.’ Points to consider in divorce proceedings and custody matters may be related, but are always mutually exclusive. Adulterous relationships or extramarital affairs by either spouse cannot be a disqualification The sole determining factor in custody of a child, unless it can be proven that the adulterous relationship itself was harmful/harmful/injurious to the well-being of the child.”

The court was hearing a cross-appeal filed by a couple against a family court order granting them joint custody of their two minor daughters, aged 12 and 10 years respectively.

The High Court said there was no reason to interfere with the Family Court order granting them joint custody of the children.

The woman alleged that her husband was erratic, irresponsible and abandoned her and their two children and fled to some ashrams and unknown places for nearly two and a half years, while the man claimed that her custody petition was a counter to the divorce petition , he filed a criminal complaint for abuse and adultery.

The woman claimed that the children were kidnapped by her husband’s sister and that she was kicked out of the matrimonial home. She claims she was not even allowed to speak to her daughter, prompting her to file for custody.

The man claimed that his wife was irresponsible, did not take care of the children, and spent most of her time and energy on inappropriate relationships. He argued that his wife’s adulterous relationship deprived her of custody of the children.

The High Court said that although it had been proven that the mother had had an extramarital affair, this was not in itself a reason to deny her custody of the children unless there was further evidence that her interests elsewhere affected their welfare.

The committee observed that there was evidence on record that the mother was frequently in the company of a third person “in whom she had a special interest” but there was no evidence that she failed in any way to care for the child. Children’s needs.

“The respondent/mother may not have been a faithful or good wife to the appellant/husband, but that in itself is not sufficient to conclude that she is unfit to raise the minor children, especially when no evidence has been adduced on record to prove that she Neglected the care of the children in any manner or her conduct had any form of adverse effect on the children,” the court said in its order.

(This story has not been edited by News18 staff and is published from associated news agency – PTI)