Extramarital relationship no floor to disclaim little one’s custody to mom, says HC

The petitioner’s mother had submitted a habeas corpus to the court for the release of her four-year-old daughter.

The Punjab and Haryana Supreme Court has ruled that a mother’s extramarital relationship is not in itself a reason to deny custody of her child in the event of a marital dispute.

The petitioner’s mother had submitted a habeas corpus letter to the court seeking the release and custody of her four-year-old daughter, who was allegedly in the care of her father (the petitioner’s estranged husband).

Justice Anupinder Singh Grewal stated on May 10th, while allowing custody of the petitioner’s mother, that the respondent made allegations regarding the petitioner’s character that she was in an extramarital relationship with a relative of the petitioner. “Apart from the bleak allegation in the petition, no supportive material has been presented to this court. It would be worth noting that in a patriarchal society, 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 if 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 her custody of her child, ”stressed Justice Grewal.

Mr Grewal stated that these allegations against the petitioner in the present case were completely unfounded in order to rule on the issue of custody of the minor child.

He added that the child would need love, care and affection from the mother for their development in the formative years. “The mother’s support and guidance would also be essential in youth. The mother is the child’s natural guardian until the age of five under Section 6 of the Hindu Minority and Guardianship Act of 1956. ”

Mr Grewal said: “Especially when there is an order from the Australian court, the child is under five, she (the petitioner) is an Australian citizen and she is pretty well resident in Australia. I believe that it would be in the best interests and best interests of the child for custody to be transferred to the petitioner’s mother. “

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