The Karnataka High Court recently ruled in favor of a father seeking custody of his minor daughter, stating that the mother had neglected the child’s welfare and given more importance to her illicit relationship.
The High Court upheld a Family Court order that had earlier granted the father custody. The Court found that the mother had left the matrimonial home in 2018 with the child but later left the child with her parents in Chandigarh, while she continued to live in Bengaluru with another man.
Both parents are doctors and had met through a matrimonial website. They married in 2011, and a daughter was born in 2015. However, disputes began, and both filed legal cases against each other. When the father discovered his wife’s alleged relationship, he approached the court for child custody.
The High Court noted that the mother had placed her personal relationship over the child’s emotional and physical needs. It also observed that the child was exposed to an unsafe and unstable environment, which could affect her future.
The Court said that the father had presented clear evidence proving that the mother prioritized her relationship with another man over the child’s well-being. She also misbehaved with her in-laws and acted rudely during family counseling sessions.
The bench, comprising Justice Alok Aradhe and Justice S Vishwajith Shetty, emphasized that the child’s welfare must always be the top concern in custody decisions.
Although the father was awarded custody, the Court also granted the mother visitation rights:
- Every Sunday
- On festivals and holidays (10 AM to 1 PM)
- 10 days during summer vacation
Dismissing the mother’s appeal, the High Court said the Family Court rightly used its discretion and was justified in awarding custody to the father. The judges also expressed hope that both parents, being educated professionals, would set aside their differences and focus on the child’s welfare.
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