Gujarat High Court: Allegations of Wife’s Affair Not Enough to Deny Child Custody
In a recent case, the Gujarat High Court refused to grant child custody to a father based on his claims of his wife’s alleged extramarital affairs. The court emphasized that child welfare is most important and such unproven allegations do not automatically make a mother unfit for custody.
The father (Petitioner) argued that his wife (Respondent) had affairs with other men and that living with her would harm the children’s future. He also mentioned that there were frequent fights between them and that he had even filed FIRs against her under Sections 323 and 294(B) of the Indian Penal Code (IPC).
However, the Family Court reviewed the case and found no strong evidence to prove the children were unsafe with their mother. The judge said that photos, chats, and FIRs were not enough to confirm the wife’s character or show any danger to the children.
Additionally, the court noted that visitation rights had already been given to the father, and the mother was fully following the court’s order.
The Gujarat High Court agreed with the Family Court’s decision, saying it was fair and well thought out. The court said it was not clear how the alleged affairs affected the children or put them in harm’s way.
As a result, the father’s petition for custody was dismissed, and the mother kept custody of the children.
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