The Karnataka High Court has upheld a family court decision to grant custody of a minor child to the father, stating that the mother prioritized her illicit relationship over the child’s welfare.
In its judgment, the High Court noted that the mother “has given more importance to the illicit relationship and has neglected the child.” After leaving the matrimonial home with the child, the woman left the minor in her parents’ custody in Chandigarh while she continued to live in Bengaluru with her new partner.
Both the husband and wife in this case are doctors. They were previously divorced with no children from their earlier marriages. They met through a matrimonial site and got married in 2011. In 2015, they had a daughter. Problems arose a few years later, leading both to file cases against each other. The woman left the matrimonial home in 2018 with the child.
Upon discovering his wife’s illicit relationship, the husband filed for custody. The court found that the child was growing up in an “unholy atmosphere” due to the mother’s relationship with her partner. The court emphasized the need for the child to be raised in a safe and stable environment.
On March 3, 2022, the Family Court ordered the woman to hand over custody of the child to the father. The mother challenged this decision in the High Court.
The High Court found no merit in her appeal, stating that the husband had proven the mother’s neglect. The court noted, “The respondent successfully proved that the appellant prioritized her illicit relationship over the welfare of the child.”
The court also highlighted that the mother behaved rudely towards her husband and in-laws, both in private and public, and was untruthful during family counseling.
The High Court upheld the Family Court’s decision, stressing that the child’s welfare is paramount in custody decisions. The court granted the mother visitation rights every Sunday and on significant holidays, and she would also have custody for ten days during summer vacation.
Dismissing the woman’s appeal, the High Court concluded, “The Family Court properly exercised its jurisdiction and discretion, and we are of the considered opinion that the Family Court was fully justified in directing the child’s custody to the respondent-father.”
Case No: MISCELLANEOUS FIRST APPEAL NO.5183 OF 2016
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