Extramarital relation no floor to disclaim youngster’s custody to mom: HC : The Tribune India

Saurabh Malik

Tribune News Service

Chandigarh, May 29th

The Punjab and Haryana Supreme Court ruled that a mother’s extramarital relationship was not a reason to deny custody of the child in the event of a marital dispute. Justice Anupinder Singh Grewal claimed that this did not indicate that she was not a good mother.

Justice Grewal also ruled that the modern age has been rife with cases of single-parent children growing up into responsible adults who helped build nations in various fields. “It is quite common to think about a woman’s moral character. Most of the time, these allegations are made without any basis or basis. Even assuming a woman is or has been in an extramarital relationship, that alone cannot lead to the conclusion that she would not be a good mother to deny custody of her child, ”explained Justice Grewal.

Justice Grewal’s allegation came on a habeas corpus petition by an Australia-based mother to release her four-year-old daughter from her estranged husband’s custody. The husband had alleged during the hearing that the petitioner had an extramarital relationship with his relative.

Justice Grewal alleged the allegations were wholly unfounded and could not be considered relevant to the decision of the matter. The child would need the mother’s love, care, and affection for their development in the formative years. The mother’s support and guidance would also be essential in adolescence. In any event, the mother was the child’s natural guardian until the age of five under Section 6 of the Hindu Minority and Guardianship Act of 1956.

“Given the facts and circumstances, especially if there is an order from the Australian court, the child is under five, is an Australian citizen and the petitioner is a fairly resident of Australia. I believe that this will be in the best interests of the child in handing custody to the petitioner’s mother, “added Justice Grewal.