The court also noted that the woman was being rude. (Representative)
Bangalore:
The High Court of Karnataka has upheld a family court order giving the father custody of a minor child.
The woman’s illegal relationship with another man was the reason why the child’s father applied for custody of the minor.
The High Court found in its ruling that she “gave greater importance to her illicit relationship and neglected the child”. After leaving the marital home with the child, the woman had left the minor child in the care of her parents in Chandigarh while remaining in Bengaluru with her new partner.
Both parents are doctors and divorced. They had no children from their previous marriages. They met at a place of marriage and got married in 2011. In 2015 a girl was born to them.
After a turbulent marriage in which the two sued each other, the woman left the marital home with the child in 2018.
After learning about his wife’s illicit relationship, the husband filed for custody of the child.
“Since the child was growing up in an unholy atmosphere amidst an illegal relationship between the applicant and her lover, the defendant began to fear that the child’s welfare and future with the applicant were not secure and the child needed to be in a safe and stable environment,” noted the HC.
In a decision dated March 3, 2022, the family court ordered the woman to hand over custody of the underage child to the husband. She challenged this in the Supreme Court.
However, the court saw no basis in her complaint. The court said the husband proved that the woman did not give priority to the child.
“The respondent has successfully proved in court that the applicant’s relationship with said (lover) went beyond business meetings, as alleged by the applicant, and she had prioritized said relationship of hers over the welfare of the child,” it said the HC fixed.
The court also noted that the woman was being rude.
“The documents on file show that the applicant not only behaved impolitely towards the respondent and her parents-in-law, but also behaved impolitely during the family counseling session. She was never honest with the defendant or her in-laws,” Richter’s divisional bench said Alok Aradhe and Judge S Vishwajith Shetty in their verdict.
Upholding the family court’s order, the HC said: “It is well-worn law that when considering the issue of custody of a minor child, the courts must have in mind the general best interests of the child and the overriding consideration should only be his best interests.” In addition to the moral and ethical well-being, the court should also consider the physical well-being of the child.”
The court granted the woman visitation rights to see the child between 10 a.m. and 1 p.m. every Sunday and on important festivals and holidays. In addition, she gets custody of the child for 10 days during the summer holidays.
“We hope that the complainant and respondent in the present case, who are qualified medical practitioners and responsible members of society, will recognize the error they have committed and, taking into account the interests and best interests of the minor child, come together at least for the purpose of concern for the best interests of the child,” said the Supreme Court.
The High Court dismissed the woman’s appeal, saying: “The Family Court has, in our opinion, properly exercised its jurisdiction and discretion and therefore we consider that the Family Court was fully entitled to refer us to custody for the child to the defendant father.”
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