Child’s custody case



 CUSTODY OF KID TO MOTHER CAN'T DENY DUE TO EXTRA MARITAL AFFAIRS

 

 

FIGHTING OF MOTHER FOR THE CUSTODY OF HER CHILD.

 

 

            We all know that love of a mother towards her child cannot change at any cost, which has been approved by the Hon'ble Punjab & Haryana High Court recently.

 

        The Hon'ble Punjab & Haryana High Court held that an Woman's extramarital affairs is not the ground to assume that she would be a bad mother and deny her custody of her child in a matrimonial dispute.

 

        The mother had filed a Writ in the Court for the Release of her four year old daughter who is alleged to be in the custody of the father and to handover the custody to the mother.

 

        Hon'ble Justice Anupinder Singh Grewal on May 10th of 2021 while allowing the custody to the mother stated that  the father has leveled allegations pertaining to the character of the mother that she has extra marital relationship. It would be worthwhile to note that in a Patriarchal society, it is fairly common to cast aspersions on the moral character of a woman. The Hon'ble Justice Grewal pointed out in the order that while granting the custody of the child to the mother that even assuming a woman is or has been in an Extra Marital 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. The Hon'ble Court stated that the child would require love, care and affection of the mother for her development in the formative years. The support and guidance of the mother would also be imperative during adolescence. The mother is the natural guardian of the child till the age of five years in terms of the Section 6 of the Hindu Minority and Guardianship Act 1956.    

 

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