Delhi High Court: Adultery and child neglect may cost mother custody – India Legal

The Delhi Excessive Court docket has upheld a Household Court docket determination granting interim custody of a four-year-old boy to his father, ruling that whereas adultery alone doesn’t routinely disqualify a mom from retaining custody, it will possibly turn out to be a decisive issue when accompanied by neglect and irresponsibility towards the kid.

A Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar noticed that the mom’s repeated absences, refusal to attend court docket proceedings, and lack of concern for the kid’s welfare mirrored a severe disregard for her parental duties. The Court docket emphasised that the welfare of the kid should stay the paramount consideration in all custody issues.

The couple had married in February 2020 and separated in October 2023 after ongoing disputes. The daddy alleged that the mom ceaselessly left dwelling with out discover, typically leaving the kid unattended, and that she was concerned in a relationship with a married man. In the course of the custody proceedings, the mom failed to look earlier than the Household Court docket regardless of being served a number of summons and even a non-bailable warrant. Her personal mom knowledgeable the Court docket that she had eloped with one other man who already had two kids from an earlier marriage.

The Court docket held that though adultery by itself isn’t enough floor to disclaim custody, when such conduct is coupled with deliberate neglect, disinterest within the little one’s welfare, and disrespect for court docket instructions, it turns into a related think about assessing health for custody. The judges additionally relied on a report submitted by the Station Home Officer, which confirmed that the mom had been neglectful and detached towards her parental tasks for practically two years.

Discovering that the daddy might present a extra steady and safe setting for the kid, the Excessive Court docket upheld the Household Court docket’s interim order granting custody to him. The mom’s plea was dismissed, although she was allowed restricted visitation rights to keep up contact along with her son.