Bombay High Court Says Adultery Can't Be Ground To Deny Child's Custody Although It Is Grounds for Divorce
"Adultery is in any case a ground for divorce, however the same can't be a ground for not granting custody," the court stated.
The Bombay High Court held on Friday, April 19, that although adultery is a ground for divorce, it cannot be a ground for denying custody of a child. The high court bench of Justice Rajesh Patil observed while dismissing a written petition filed by the son of a former legislator who sought custody of his nine-year-old daughter from his estranged wife on grounds of adultery. "Adultery is in any case a ground for divorce, however the same can't be a ground for not granting custody," the court stated. The Bombay High Court relied on a January 2024 judgement by the Delhi High Court, which granted custody to a wife despite allegations of her extramarital affair being proven. Bombay High Court Allows Victim of Child Marriage To Get Her 28-Week Pregnancy Terminated Over Foetal Abnormalities.
HC on Child's Custody
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