Extramarital relation no ground to deny child’s custody to mother: HC

Saurabh Malik

Tribune News Service

Chandigarh, May 29

The Punjab and Haryana High Court has ruled that extramarital relationship of a mother was no ground to deny the child’s custody in case of a marital dispute. Justice Anupinder Singh Grewal asserted it did not indicate she was not a good mother.

Justice Grewal also ruled that modern times were replete with instances of children, raised by the single parent, growing up to become responsible adults contributing to nation-building in various fields. “It is fairly common to cast aspersions on the moral character of a woman. More often than not these allegations are made without any basis or foundation. Even assuming a woman is, or has been, in an extramarital relationship, the same by itself cannot lead to the conclusion that she would not be a good mother to deny her the custody of her child,” Justice Grewal asserted.

The assertion by Justice Grewal came on a habeas corpus petition by a mother settled in Australia for the release of her four-year-old daughter from her estranged husband’s custody. The husband had alleged during the hearing that the petitioner was in an extramarital relationship with his relative.

Justice Grewal asserted the allegations were wholly unsubstantiated and could not be considered relevant to adjudicate the issue. The child would require mother’s love, care and affection for her development in the formative years. The mother’s support and guidance would also be imperative during adolescence. The mother, in any case, was the child’s natural guardian till the age of five in terms of Section 6 of the Hindu Minority and Guardianship Act, 1956.

“In the facts and circumstances, especially when there is an order of the Australian court, the child is under five years of age, she is an Australian citizen and the petitioner is fairly well settled in Australia, I am of the view that it would be in the best interest of the child if her custody is handed to the petitioner-mother," Justice Grewal added.