In a recent judgment, the Punjab and Haryana held that the extramarital affair of the mother is no ground in itself to deny her the custody of her child. A woman having an extramarital affair does not imply that she will not be a good mother to the child and thus cannot be denied custody of the child, the Court held.
The Court opined that in a patriarchal society, it is common to cast aspersions on the moral character of the woman and in most cases without any basis. The observation of the Court came in the case where a habeas corpus was filed by a woman, seeking the custody of her four-and-a-half-year-old daughter from her husband who is an Australian citizen, who alleged that the woman was in an extra-marital relationship with a relative.
The Court held that, even assuming a woman has been in an extramarital relationship, the same cannot be ground enough to prove that she would not be a good mother. In his order, the Judge wrote that the child would require the love, care and affection of the mother in her formative years, also her support and guidance would be required during the adolescent age, also under Section 6 of the Hindu Minority and Guardianship Act, 1956 mother is the natural guardian of the child. Thus, the court allowed the petition and directed the custody of the child to be given to her mother who is currently residing in Australia.
Adultery- Under the Hindu Marriage Act, adultery is one of the grounds for divorce.
Under Section 13 of the Hindu Marriage Act, various grounds are provided on which one can file for divorce, of which some are-
The other party has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than the spouse.
the other party has treated the petitioner with cruelty
On the above two grounds, you could file for divorce, however, the onus of proof to prove that the other person is in an extramarital relationship shall be on the petitioner. Also, as the partner was committing adultery, he treated the other person with cruelty, which could be further elaborated by your Domestic Violence Lawyer In Delhi. Both are grounds for divorce and one could file for divorce depending on the same. You could seek the advice of an experienced Divorce Lawyer In Delhi, who could further advise you about the legal procedures and other options available to you according to your case.
For child custody, for the appointment of a guardian of a child the court considers the welfare of the child. Thus, in the case of the custody of a child, no matter the issues of the adults, the Court’s foremost priority is the welfare of the child, and the decision regarding custody is neither determined by the financial status of the parents or any other factor, but the decision depends upon the overall situation of both parties. Thus, before initiating the procedure, it is advised to contact an experienced Child Custody Lawyer In Delhi to seek professional advice.
Lead India provides a wide pool of experienced lawyers, who deal with issues involving family law, divorce, domestic violence, child custody, maintenance, etc. Legal advice as well guidance are also provided so you can have a clear idea regarding your problem and the options through which it could be solved.
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