The Bombay High Court ruled on Friday that a wife’s alleged adulterous behavior does not affect her ability to retain custody of her child. According to the HC, while allegations of adultery can be used as grounds for divorce and can be presented by an estranged husband in family court, they cannot be a reason to deny the mother custody.
Justice Rajesh Patil emphasized, “Adultery is indeed a ground for divorce, but it cannot be a reason to deny custody.”
The HC’s decision came in response to a father’s plea to alter the family court’s decision, which was dismissed. The court clarified that while adultery might be pertinent in divorce cases, it should not influence child custody decisions.
