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Delhi Court Grants Father Custody of Children, Prioritizes Their Welfare Over Mother’s Personal Choices

In a noteworthy ruling from October 2021, a Delhi court granted interim custody of two young children—a 4.5-year-old and an 18-month-old—to their father. The court highlighted that while the mother is entitled to make personal choices regarding her life, these decisions should not come at the expense of her children’s well-being.

The case arose after the mother left the family home in October 2020, taking the children with her. The father subsequently sought custody, arguing that his wife’s alleged relationship with another man was negatively impacting their children.

The court noted that the mother had spent three days in Goa with her lover, leaving the children in the care of a maid. The court stated that this behavior could disrupt the balanced and healthy development of the children, emphasizing the importance of parental attention and affection.

Principal Judge Anju Bajaj Chandna further remarked that while a parent’s character might not always directly influence custody decisions, the priorities and lifestyle choices of the parents inevitably affect the children’s growth. The court stressed that children who receive care and involvement from their parents tend to achieve better educational outcomes and overall development.

The judge concluded that the children, being in their formative years, require consistent attention, care, and love from both parents, which the mother had failed to provide.

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