Father Wins Custody of Child as Court Finds Mother Neglected Parental Duties
The Karnataka High Court has upheld a family court ruling, granting custody of a minor child to the father after finding that the mother prioritized her illicit relationship over the child’s well-being.
Case Background
- Both parents are doctors who met on a matrimonial website and got married in 2011.
- In 2015, they had a daughter, but conflicts arose, leading to legal disputes.
- In 2018, the mother left the matrimonial home with the child.
- The father later discovered her illicit relationship and filed for custody.
Court’s Observations
The High Court ruled that the mother neglected her child, choosing to live with her partner in Bengaluru while leaving the child with her parents in Chandigarh.
The court stated:
“The child was growing in an unstable environment amid an illicit relationship, which raised concerns about her well-being and future.”
Family Court’s Decision and High Court’s Verdict
The Family Court ruled on March 3, 2022, that the child should be placed in the father’s custody. The mother challenged this decision in the High Court.
However, the High Court found that:
- The father proved the mother prioritized her relationship over the child.
- The mother displayed rude behavior toward her husband and in-laws.
- She quarreled in public and was untruthful in counseling sessions.
Final Ruling
The High Court dismissed the mother’s appeal and upheld the family court’s decision, emphasizing that a child’s welfare is the primary concern in custody cases.
The court granted visitation rights to the mother, allowing her to:
- Meet the child every Sunday from 10 AM to 1 PM.
- Spend time on important festivals and holidays.
- Have custody for 10 days during summer vacation.
The ruling reinforces the importance of a stable environment for a child’s upbringing and serves as a landmark judgment in child custody cases.
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