Today(on 19th April),Bombay HC rejects custody plea based on wife’s alleged adultery, asserts mother’s rights. Adultery not grounds to deny child custody, emphasizes court.
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MUMBAI: Today(on 19th April),The Bombay High Court dismissed a petition filed by a Vile Parle resident seeking custody of his nine-year-old daughter from his estranged wife on the grounds of adultery. The court emphasized that a woman’s adulterous behavior should not be used as a basis to deny her custody of her child.
Justice Rajesh Patil, presiding over the bench, stated in a 20-page order-
“Adultery is indeed a basis for divorce, but it cannot serve as a reason to deny custody.”
The court noted that adultery was mentioned as one of the grounds in the petitioner’s 2020 submission to the family court, but it had not been substantiated. Justice Patil also referenced a decision by the Delhi High Court in January of that year, where the wife was awarded custody of her child, despite her husband’s claims of her extramarital relationship being validated.
The Bombay High Court emphasized-
“It is firmly established, as reiterated in numerous precedents, that a woman’s deficiencies as a spouse do not automatically suggest incompetence as a parent.”
This emphasized the notion that an individual’s parental capabilities should not be determined solely by their behavior within a marital union.
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The couple in question got married in February 2010, and their daughter was born in January 2015. However, after the birth of their child, the relationship began to deteriorate, leading to their eventual separation.
The 39-year-old doctor stated that she was ejected from the matrimonial home on December 7, 2019, while her husband argued that she left voluntarily. Subsequently, in January 2020, she filed a police complaint against her husband and initiated legal proceedings under the Protection of Women from Domestic Violence (DV) Act, 2005.
In retaliation, the husband lodged a petition with the family court in Bandra, seeking a divorce on grounds of cruelty. On February 9, 2023, the family court granted the wife’s request for interim custody of the daughter, transferring custody of the minor to her mother. Subsequently, the husband filed a petition to regain custody, which was dismissed by the family court on February 27 of the same year. Consequently, he sought recourse from the Bombay High Court.
The Bombay High Court underlined that there were insufficient reasons to alter custody from the mother. Despite the husband’s contentions that he had custody of the child from December 2019 to February 2023 and that the minor daughter was uncomfortable under her mother’s care due to the mother’s alleged multiple affairs, the court found no valid grounds for transferring custody.
“The child’s mother is a practicing doctor currently residing in an apartment near the daughter’s school. Additionally, the mother’s mother, a homemaker, also resides with them. The minor daughter has maintained a commendable academic record while under the mother’s custody. Hence, I see no grounds or alterations in circumstances warranting a shift in custody from the mother to the father.”
-stated the court.
ALSO READ: Delhi High Court Rejects Husband’s Bid for Blood Samples Amid Adultery Allegations
The judgment from the Bombay High Court reaffirms the principle that although adultery may be grounds for divorce, it should not automatically impact a parent’s custody rights. By prioritizing the child’s best interests, considering aspects such as their well-being, living environment, and academic achievements, the court’s decision underscores the importance of focusing on the child’s welfare in custody disputes rather than punitive actions against the other parent.