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Summary
The court emphasized that there is no connection between a good wife and a good mother and that allegations of adultery therefore have no bearing on child custody
The Bombay High Court in its recent judgment held that while adultery may be a legitimate basis for divorce proceedings, it is not a valid ground for denial of child custody. This decision follows a case in which a husband challenged a family court ruling that had rejected his request for temporary custody of his nine-year-old daughter. The family court's decision followed a complaint from the wife accusing the husband of abusing her and her father.
“Even if the allegations regarding the wife’s extra-war affair are proven, the wife can be awarded custody of the minor children in individual cases. “Adultery is in any case a ground for divorce, but cannot be a reason for denial of custody,” said the judge Justice Rajesh S. Patil held.
Representing the husband, Senior Advocate Indira Jaising argued that despite complying with the court-ordered visits to promote the woman's relationship with the child over a year, no substantial bond had developed between them. Reports were filed indicating the child was unwell in his wife's care.
Lawyer Ashutosh KulkarniThe wife's representative replied that the husband had always tried to negatively influence the daughter.
The Supreme Court found that the wife was granted temporary custody on February 9, 2023 and the husband was granted weekend visitation rights. Nevertheless, the husband failed to return the daughter to the wife for approximately seven days starting February 11, 2024, resulting in the child not attending school.
In addition, the court noted the child's academic and extracurricular performance during the mother's care and emphasized that “the minor daughter's academic performance … was 'good.'” The school certificate shows that the minor daughter was doing well during the said period has made good progress. She was also successful in extracurricular activities.”
The court expressed concern over the involvement of a person named 'Neha', who was allegedly committed to ensuring the daughter's safety in her wife's care. The court also questioned the authenticity of handwritten notes allegedly written by the daughter and submitted by the husband, particularly since they were allegedly written on weekdays when the child was in the wife's care.
“There is no explanation from the husband regarding the name of the minor daughter's friend to whom the said alleged notes were given by the minor daughter and how her friend managed to come in contact with the husband,” the court pointed out.
The court reiterated that when deciding custody of a minor, the “best interests of the child” are paramount, rather than the parents’ rights under the statute. It emphasized: “The academic performance of the minor daughter during the custody of her wife is also good.” Therefore… there is no reason or change in circumstances that the custody should be transferred from the wife to the husband.”
The court emphasized that allegations of adultery made against the wife in a marriage petition must be substantiated by evidence in the family court. However, it was emphasized that a wife's behavior in marriage does not necessarily reflect her suitability as a mother. “According to the various judgments, there is no doubt that a bad wife does not necessarily mean that she is not a good mother,” the court emphasized.
Accordingly, the court dismissed the husband's application.
Lawyers for applicants: Senior Advocate Indira Jaising with Advocates Chitra Phadke, Atharva Dandekar and Hitendra Parab.
Advocate for the respondents: Advocates Ashutosh Kulkarni and Akshay Kulkarni.
Case Title: Abhishek Ajit Chavan vs. Gauri Abhishek Chavan [2024:BHC-AS:18074]
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