Case Overview
In a recent judgment, the Gujarat High Court refused to grant custody of children to a father who alleged that his estranged wife was involved in extramarital affairs. The petitioner (husband) argued that the respondent’s (wife’s) behavior could harm their children’s future and well-being. However, the court found these claims unsubstantiated and upheld the family court’s earlier decision.
Father’s Allegations
The husband claimed that his wife’s alleged affairs endangered their children’s welfare. He also cited frequent domestic disputes and stated that he had filed an FIR against his wife under Sections 323 and 294(B) of the Indian Penal Code. Based on these factors, he sought custody, arguing that he could provide a better environment for their children.
Court’s Observations
The family court previously ruled that there was no concrete evidence to prove that the children’s safety or future was at risk due to the mother’s alleged conduct. The court noted that mere FIRs, photographs, or chat records were insufficient to establish claims of extramarital affairs or to question the mother’s ability to care for the children.
The Gujarat High Court agreed with this view. It emphasized that the welfare of the children is of paramount importance but found no evidence suggesting they were unsafe with their mother. The court also highlighted that the father had already been granted visitation rights, which the mother was following diligently.
Judgment
The High Court upheld the family court’s decision, affirming that all relevant aspects were considered. It dismissed the father’s petition, reinforcing that allegations without solid proof cannot form the basis for custody decisions.
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