The Bombay High Court rules that adultery is not a ground for custody and grants custody to the mother

The Bombay High Court recently ruled that adultery can be grounds for divorce but should not affect child custody decisions. This judgment came after the court awarded her mother custody of a nine-year-old girl, rejecting the plea of ​​her father, son of a former lawmaker, who had challenged the custody order passed by the family court.

The verdict was announced by Justice Rajesh Patil on April 12, confirming the family court's February 2023 decision to grant custody of the couple's daughter to the mother.

The 2023 case involved a couple who tied the knot in 2010 and gave birth to their daughter in 2015. Disputes erupted in 2019 when the wife claimed she was evicted from her home while the husband claimed she left of her own free will.

During the trial, the plaintiff's attorney, Indira Jaising, argued that the woman's alleged extramarital affairs should disqualify her from obtaining custody of the child. Justice Patil, however, maintained that marital infidelity does not necessarily equate to being an unfit parent.

The court's finding was clear: “Adultery may be a ground for divorce, but it cannot be a ground for not granting custody.”

The petitioner argued that it was in the best interests of the child to live with him and his parents, citing behavioral changes and dissatisfaction with the mother's care. Jaising also drew attention to the concerns raised by the girl's school authorities over her behavior.

In response, the court questioned why the school contacted the paternal grandmother and not the parents, given her training and availability. Justice Patil emphasized that the best interests of the child must be given priority when making custody decisions, especially given his young age.

The court found that her academic performance during the period in which she had custody of her maternal grandmother was commendable, which further supported the decision to retain custody with her mother.

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The legal dispute between the couple covered police complaints of harassment, assault and criminal intimidation that the woman filed against her husband and in-laws in 2020. She also sought custody through applications under the Domestic Violence Act and in family court.

Ultimately, the family court's decision to give custody to the mother was upheld by the Bombay High Court and the father was directed to transfer custody to the mother by April 21.

This case illustrates the complex interplay between marital disputes, parental rights and child welfare and underscores the justice system's obligation to protect the well-being of minors in custody matters.