The Chhattisgarh High Court ruled that a father living with a second wife without legally divorcing his first wife commits “misconduct” and “cruelty,” holding that child welfare prevails over financial capacity while denying him custody.
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CHHATTISGARH: In a landmark judgment, the High Court of Chhattisgarh held that a father living with a second wife without obtaining a legal divorce from his first wife commits “misconduct” and “cruelty,” which can disqualify him from obtaining custody of his minor child. The Court emphasized that “the welfare of the minor is the paramount consideration” in custody disputes under the Hindu Minority and Guardianship Act, 1956.
The dispute arose between Laxmikant Joshi (father) and Lokeshwari @ Parmeshwari (mother), who were married in 2013 and have two sons. Due to marital discord, the mother left the matrimonial home with the younger son, while the elder son remained with the father.
Later, the Sakhi One Stop Center intervened and handed over custody of the elder son to the mother. The father filed an application under Section 6 of the Hindu Minority and Guardianship Act, 1956, seeking custody of his 7-year-old son.
The Family Court, Bemetara, dismissed the father’s custody application. The court held that the father’s relationship with another woman (Suman Joshi, alias Lileshwari) as his second wife, without legally divorcing the first wife, constituted “cruelty and misconduct.” Thus, he was deemed unfit to obtain custody.
The father challenged this decision in the High Court.
The High Court dismissed the appeal, holding that:
Under Section 13 of the Hindu Minority and Guardianship Act, the welfare of the minor is the most important factor in custody disputes. The Court reiterated that “the welfare of the minor shall be the paramount consideration.”
The Court held that living with a second wife without divorce is misconduct and can affect the child’s welfare. The Court noted that the father
“has himself admitted in his cross-examination that he is having a love affair with Suman Joshi alias Lileshwari…has made a statement before the Sakhi One Stop Center, Durg that he has gotten married with Lileshwari at Bhoramdev Temple.”
The father argued that the mother had no source of income and was financially incompetent. The Court rejected this argument, stating that financial capacity alone cannot determine the welfare of a child. The Court observed:
“The welfare of the child is determined neither by the economic affluence nor a deep mental or emotional concern for the well being of the child.”
It also stated that “giving sole or more importance to the superior financial capacity” of the father would be improper.
The High Court concluded:
- The child was receiving love and affection from the mother.
- The mother provided a stable and good environment for the child.
- The father’s cohabitation with a second wife created uncertainty about the child’s future welfare.
The Court stated:
“This Court cannot be oblivious of the future aspect that there is no certainty that the child will get better love and affection as also good atmosphere from her step-mother…”
Thus, placing the child with the father could expose him to emotional instability due to the presence of a stepmother.
Case Title:
Laxmikant Joshi v. Lokeshwari @ Parmeshwari & Anr.
First Appeal (MAT) No. 87 of 2022
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