In a recent case, the Gujarat High Court refused to grant a father custody of his children based on his claims that the mother was involved in extramarital affairs. The father, the petitioner, argued that the respondent (his wife) was engaging in relationships with other men, which he believed was detrimental to the children’s welfare. He contended that these affairs could ruin the children’s future and sought custody to protect them. Additionally, the petitioner noted frequent quarrels between him and the respondent, which led him to file an FIR against her under Sections 323 and 294(B) of the IPC.
The Family Judge reviewed the case and found no evidence suggesting that the children were unsafe with their mother. The judge stated that allegations about the respondent’s character could not be substantiated solely based on an FIR, photographs, or chat details. Moreover, the Family Court had already granted visitation rights to the petitioner, which the respondent was adhering to without issue.
The High Court upheld the Family Court’s decision, noting that the evidence presented did not demonstrate any risk to the children’s safety or well-being due to the mother’s alleged extramarital activities. The court also recognized that the established visitation rights were being respected, ensuring the father’s access to his children.
Therefore, the petition was dismissed, affirming that the Family Court had appropriately considered all aspects before making its decision. This case highlights the importance of substantial evidence in custody disputes and ensures that allegations alone are insufficient to determine custody arrangements.
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