Extra – marital relationship , No ground to deny child’s custody to mother : P&H Court

The petitioner mother had filed a habeas corpus writ in the court for the release of her four-year old daughter, who was in custody of the father.

The respondant defendend his case by putting wrong allegations against the woman character as she was involved in a extra- marital affair with her relative.
He argued that since she was of supposed questionable character, she wouldn’t be a good mother.

The Bench of Justice Anupinder Singh Grewal was hearing a plea filed by the mother.

Even Assuming a woman is or has been in an extramarital relationship, the same by itself cannot lead to the conclusion that she would not be a good mother to deny her the custody of her child – Punjab and haryana court.
The court further noted that the husband didn’t provide any proofs to support his claim.

The Judge said that it would be in the best interest and welfare of the child if her custody is handed to the petitioner-mother.

Consequently, the custody of the girl child would be handed over to the petitioner-mother.

“Till the petitioner arrives in India to take the custody of the child, the husband shall ensure that the child interacts with her mother through video conferencing every Tuesday, Friday and Sunday at 01:00 p.m. (IST) or as mutually agreed by them.” remarked the Court.

“On the arrival of the petitioner in India and after observing Covid-19 protocol, the custody of the child shall be handed over to her mother by respondent, added the Court.

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