Achi news desk-
GUWAHATI: The Bombay High Court in a recent judgment has held that adultery should not be used as a ground for denying custody of a child to a spouse, even if it may be a factor in divorce proceedings. Justice Rajesh Patil made this observation while rejecting a husband’s plea for custody of his minor daughter, citing his wife’s alleged adulterous behavior.
In the case before the court, the husband requested custody of their daughter on the grounds of his wife’s involvement in adultery. However, Judge Patil emphasized that even if the accusations of adultery were proven, this does not automatically disqualify the woman from being a good mother or justify denial of custody. The court emphasized that while adultery may be grounds for divorce, it should not affect custody decisions.
Click here to join our WhatsApp channel
The wife claimed that she was forced to leave their home and was denied custody of their child, while the husband, on the other hand, claimed that she left of her own free will. He then filed for divorce on the grounds of cruelty in 2020.
Initially, the Family Court granted custody of the child to the wife in 2023. However, the husband appealed this decision, claiming that he has had custody of the child since 2019.
Also Read: SEBA Announces Methods for Revising Answer Scripts
In its ruling, the High Court referred to a previous ruling of the Delhi High Court, which emphasized that being an adulterous spouse is not equivalent to being an invalid parent. Considering the wife’s profession as a doctor and the satisfactory academic performance of the minor under her care, the court confirmed the custody granted to the wife and rejected the husband’s request.
