Adultery Can't Be Sole Ground To Deny Custody of Child, Says Delhi High Court on Child's Custody

The Delhi High Court recently said that an "adulterous spouse" does not mean an "incompetent parent". The high court made the observation while dealing with cross-appeals filed by a husband and wife against the family court order granting them joint custody of their two minor daughters. The court also stated that allegations of adultery against such a parent cannot be the sole determining factor in denying the custody of the child to him or her. The division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna further said that even when adultery is proved on the part of a parent, it cannot disentitle him or her from the custody of children "unless there is something more to prove that such adulterous act has affected the welfare of the children". "Any adulterous relationship or extramarital affair of either spouse, cannot be the sole determining factor to deny custody of a child, unless it is proved that the adulterous relationship in itself is pernicious/detrimental/injurious to the welfare of the child," the court stated. HC on Adultery: Delhi High Court Rejects Husband's Plea To Collect Blood Samples From His Wife and Child To Prove Wife's Alleged Adultery.

HC on Custody of Child

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