February 18, 2024
Adultery Not Sole Ground to Deny Child Custody
Courts & Law Breaking News

Adultery Not Sole Ground to Deny Child Custody: Delhi HC

Adultery Not Sole Ground to Deny Child Custody: Delhi HC

Adultery Not Sole Ground to Deny Child Custody: Delhi HC

The Delhi High Court ruled that an adulterous spouse is not equivalent to an incompetent parent, emphasizing that an extramarital affair alone cannot be the sole determining factor to deny custody of a child. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna highlighted that adultery and custody matters are mutually exclusive, and an adulterous act should impact the welfare of the child for custody denial. The court’s decision came during cross appeals filed by a couple, and it upheld the family court order granting them joint custody of their two minor daughters.


Factors Beyond Adultery Must Impact Child Welfare

The high court noted that while the mother had an extramarital affair, it was insufficient grounds to deny her custody unless evidence demonstrated that her interests adversely affected the children’s welfare. The court observed that there was no proof of neglect or bad influence on the children due to the mother’s conduct. The decision reinforces that factors impacting child custody should go beyond marital misconduct, focusing on the child’s well-being.


High Court Upholds Joint Custody in Cross Appeals

The Delhi High Court found no reason to interfere with the family court’s order granting joint custody to both parents, emphasizing that points considered in divorce and custody matters are distinct. The ruling clarified that an adulterous relationship alone cannot disentitle a parent to custody unless it directly harms the welfare of the child. The decision provides guidance on the nuanced evaluation of factors influencing child custody in divorce proceedings.

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