Bombay High Court Rules Adultery Not a Bar for Child Custody, Grants Custody to Mother

The Bombay High Court has recently ruled that adultery can be a ground for divorce but should not impact decisions regarding custody of a child. This ruling comes after the court granted custody of a nine-year-old girl to her mother, dismissing the plea of the father, son of a former legislator, who contested the custody order issued by the family court.

The judgment was delivered by Justice Rajesh Patil on April 12, upholding the family court’s decision from February 2023 to grant custody of the couple’s daughter to the mother.

The 2023 case involved a married couple who tied the knot in 2010 and welcomed their daughter in 2015. Disputes arose in 2019 when the woman claimed she was ousted from their home, while the husband alleged that she left voluntarily.

During the court proceedings, the petitioner’s counsel, Indira Jaising, argued that the woman’s alleged extramarital affairs should disqualify her from obtaining custody of the child. However, Justice Patil asserted that being unfaithful in marriage does not necessarily equate to being an unfit parent.

The court’s observation was clear: “Adultery can be a ground for divorce, however, the same cannot be a ground for not granting custody.”

The petitioner contended that it was in the child’s best interest to reside with him and his parents, citing behavioral changes and dissatisfaction with the mother’s care. Jaising also brought attention to concerns raised by the girl’s school authorities regarding her conduct.

In response, the court questioned why the school contacted the paternal grandmother instead of the parents, given their education and availability. Justice Patil emphasized that custody decisions must prioritize the child’s welfare, particularly considering her young age.

The court noted that during the child’s custody with her maternal grandmother, her academic performance had been commendable, further supporting the decision to maintain custody with the mother.

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

Ultimately, the family court’s ruling to grant custody to the mother was upheld by the Bombay High Court, directing the father to transfer custody to the mother by April 21.

This case highlights the complex interplay between marital disputes, parental rights, and child welfare, underscoring the judiciary’s commitment to safeguarding the best interests of minors in custody matters.