EXTRA MARITAL RELATIONSHIP OF A WOMAN, NOT ENOUGH GROUND TO DENY CUSTODY OF A CHILD - PUNJAB AND HARYANA HC

The Punjab and Haryana HC recently held that the extra-marital relationship of a woman does lead to the conclusion that she would not be a good mother to deny the custody of her child.

The petitioner (wife) resident of Australia, filed a writ petition of habeas corpus for the release of her minor daughter who is alleged to be in the custody of the respondent (husband).

While granting custody to the Petitioner, the Court observed that the respondent made bald allegations on the character of the petitioner that she was in an extra-marital relationship, with no supporting material. The Court further noted that in a patriarchal society, it is common to cast aspersions on the moral character of a woman.

The Court noted that there is an order of the Australian Court, where it has been held that the child is under five years of age and an Australian citizen. The petitioner is fairly well settled in Australia; therefore, this court believes it would be in the best interest and welfare of the child if her custody is handed to the petitioner-mother.

Author - Papiha Ghoshal