The Delhi High Court ruled that adultery alone doesn’t decide custody, but when coupled with neglect and abandonment, it can. The Court upheld granting the father interim custody, emphasizing the child’s welfare above all else.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: In a ruling addressing the sensitive issue of child custody, the Delhi High Court has held that while an adulterous relationship alone cannot determine custody rights, such conduct, when combined with deliberate neglect and abdication of maternal duties, can justify denying a mother interim custody of her child.
The decision came from a Division Bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, who upheld a family court order granting interim custody of a four-year-old boy to his father.
Case Background
The couple in question married in February 2020 but separated in October 2023 due to marital discord. Following the separation, the father approached the court seeking custody of their minor son, alleging that his wife had:
- Frequently left the matrimonial home without notice,
- Abandoned the child unattended on multiple occasions, and
- Engaged in a relationship with another married man.
During the custody proceedings, the mother failed to appear before the family court despite repeated summons and even non-bailable warrants. Her own mother informed the court that she had eloped with a man who had two children from a previous marriage.
In view of her absence and neglect, the family court granted interim custody of the child to the father, allowing the mother limited visitation rights.
High Court’s Observations
Unhappy with the family court’s decision, the woman challenged the order before the Delhi High Court.
After examining the record, the Bench made a crucial observation that allegations or even proof of adultery cannot alone dictate custody decisions, but when coupled with consistent neglect and abandonment, such conduct becomes highly relevant to the child’s welfare, which remains paramount under Indian custody laws.
The Bench noted:
“Albeit the mere allegation or even proof of an adulterous liaison, cannot singularly constitute the determinative ground for grant or denial of custody of the child, yet when such conduct is viewed in conjunction with the contemporaneous acts of deliberate neglect and the conscious abdication of maternal obligations, the cumulative effect thereof justifies the course adopted by the learned family court.”
The Court further emphasized that the mother’s disregard for the legal process, including repeated absence from proceedings, was not a procedural lapse but indicative of “a deeper apathy towards the welfare of the minor child.”
The Delhi High Court reaffirmed that in all custody disputes, the welfare and best interests of the child remain the decisive factor.
The Bench referred to the SHO’s report, which revealed that for nearly two years, the mother had habitually neglected and irresponsibly abandoned the child, thereby endangering his well-being.
Based on these findings, the Court concluded that the father was better suited to ensure the child’s safety and emotional stability. Consequently, it dismissed the mother’s appeal and upheld the family court’s decision.
Appearance:
For the appellant (mother): Advocate Pramod Kumar appeared
Case Title:
KN v DN
MAT.APP.(F.C.) 345/2025
Read Judgment: