The Karnataka High Court has upheld a family court’s decision to grant custody of a minor child to the father, stating that the mother was neglecting the child due to her illicit relationship with another man. The court found that the mother prioritized her affair over the child’s well-being.
According to the court, after leaving her matrimonial home with the child, the mother relocated to Bengaluru to live with her new partner, leaving the child in Chandigarh with her parents. The father, who is also a doctor, later filed for custody, citing concerns about the child growing up in an unhealthy environment.
Both parents, doctors by profession, met on a matrimonial site and married in 2011. In 2015, they welcomed a daughter. However, marital issues arose, and in 2018, the wife left the home with the child. The father discovered her relationship and filed for custody, arguing that the child’s welfare was at risk.
The High Court noted that the woman’s behavior and neglect of her child were well-documented. It emphasized that the welfare of the child should always be the priority in custody cases, stating, “The courts must consider the overall well-being of the child, including moral, ethical, and physical welfare.”
The family court’s order from March 2022, which transferred custody to the father, was challenged by the mother. However, the High Court dismissed her appeal, affirming the family court’s decision.
The court granted the mother visitation rights, allowing her to meet the child every Sunday and during significant holidays. Additionally, she was awarded 10 days of custody during summer vacations.
The High Court concluded by urging both parents to prioritize the child’s welfare over personal conflicts.
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