Bombay High Court: Adultery might be grounds for divorce but not for child custody

While awarding custody of a nine-year-old girl to her mother, the Bombay High Court said that adultery might be a reason for divorce but not for child custody.

On April 12, a single bench of Justice Rajesh Patil denied the man’s plea, which was brought in opposition to a February 2023 family court judgment that gave his estranged wife custody of their daughter. The guy is the son of a former politician.

Their daughter was born in 2015, and the pair was married in 2010. The lady said in 2019 that they had ejected her from their house. On the other hand, the petitioner claimed that his wife had departed voluntarily.

Indira Jaising, the petitioner’s attorney, told the judge that the lady had had many extramarital encounters and that it would not be appropriate to give her custody of the kid. When determining the child’s custody, Justice Patil said that the accusations of adulterous behavior would not be taken into consideration.

A woman who is not a good wife need not be a bad mother either. While adultery may serve as a basis for divorce, it cannot be used as a justification for withholding custody, the court said.

In his appeal, the man said that because the girl was unhappy with her mother and had shown certain behavioral changes, it would be preferable for her to live with him and his parents.

Jaising informed the court that the petitioner’s mother received letters from the school’s administrators expressing worries about the girl’s behavior.