Mom Cannot Be Denied Kid’s Custody On Coming into New Relation With out Divorce: Allahabad HC

A woman cannot be denied custody of her minor child because she entered into a new relationship without divorcing, the Allahabad High Court found.

According to a report by the PTI news agency, last month the court made the decision to reject a habeas corpus petition.

Leaving marriage is not an act of depravity

Commented Justice JJ Munir, “The fact that the mother left her husband’s home without divorce and entered into a new relationship with another person she allegedly believed to be a second marriage could be something that the law and society frown upon, but in itself something that is not so depraved or immoral as to deprive the mother of her special place in the minor’s life. “


The court further found “The minor’s withdrawal from his mother’s company could have a negative impact on his overall development. This, in turn, would diverge from the interests of the minor. “

In the petition, Ram Kumar Gupta had stated that she had lost her right to custody of her son Anmol due to the second marriage of his wife Sanyogita without divorce.

According to the petitioner, the minor’s life in the stranger’s home is at risk.

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It is the minor’s well-being that he be placed in the care of his father, who is his natural guardian, before the mother who has left her legally married husband without divorce and remains in a residential relationship with a stranger, the request said.

During the trial, Sanyogita stated that Gupta is an unkind father. He also treated her with cruelty, and so she attacked him.

In this regard, the court said it was his concern to determine whether the minor was safe and well-being in his mother’s new home.

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