The Delhi High Court emphasized that custody decisions should not hinge solely on adultery unless it can be demonstrated that such an extramarital relationship is harmful or detrimental to the child.
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NEW DELHI: The Delhi High Court has clarified the distinction between personal misconduct and parental incompetence, stating that an “adulterous spouse” does not automatically become an “incompetent parent.” This ruling came to light during a case involving cross-appeals by a husband and wife against a family court’s decision, which had granted them joint custody of their two minor daughters. The case highlighted the nuanced considerations the court must balance in custody disputes, emphasizing that the welfare of the child is paramount, irrespective of the parents’ moral or personal failings.
The court, led by Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, underscored that divorce proceedings and custody matters, while related, are “mutually exclusive.” The bench articulated that the presence of an adulterous relationship or extramarital affair of either spouse should not be the sole criterion for determining custody. It emphasized that such a relationship would only factor into custody decisions if it were proven to be harmful or detrimental to the minor’s welfare.
The husband in the case argued that his wife’s extramarital affair disqualified her from retaining custody of their children. Conversely, the wife maintained that she had been the primary caregiver for the daughters, especially during periods when they were allegedly abandoned by their father. She asserted her commitment to addressing all their needs, despite her personal relationships.
Justice Kait and Justice Krishna found that the evidence focused excessively on the wife’s extramarital affair without demonstrating any neglect or adverse impact on the children. The court stated,
“The respondent/mother may not have been a faithful or a good wife to the appellant/husband, but that in itself is not sufficient to conclude that she is unfit to have the custody of the minor children, especially when no evidence has been brought on record to prove that she in any manner, neglected to take care of the children or that her conduct has resulted in bad influence of any kind, on the children.”
The ruling also considered the father’s capability as a parent but concluded that this alone was not enough to disrupt the children’s custody arrangement, which had been stable since early 2020. The court upheld the family court’s decision for a shared parenting plan but suggested modifications to ensure the children’s educational needs and stability were prioritized.
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“Adulterous Spouse is not equivalent to Incompetent Parent. Points for consideration in Divorce proceedings and custody matters may be correlated but are always mutually exclusive. Any adulterous relationship or extramarital affair of either spouse, cannot be the sole determining factor to deny custody of a child, unless it is proved that the adulterous relationship in itself is pernicious/detrimental/injurious to the welfare of the child.”
-the Court held.
The court ordered that the children’s permanent custody would remain with the mother, while granting the father day custody on every second Sunday of the month from 09:00 A.M. to 08:00 P.M., and visitation rights on special occasions for a minimum of three hours, to be mutually agreed upon by the parties. Additionally, it was decided that decisions regarding the children’s education and future would be made jointly by both parents.
This judgment is a significant step in recognizing the complexity of family dynamics and the need to prioritize the well-being and stability of children over the moral judgments of parental behavior. It reinforces the principle that parental duties and the capacity to provide a nurturing environment for children transcend personal failings and societal judgments.
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