‘Extramarital affair not enough ground to conclude woman would be bad mother’ | #Cheating | #Cheater | #marriage


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The woman had filed a plea in the court seeking the issuance of a writ of habeas corpus to get custody of her minor daughter.&nbsp | &nbspPhoto Credit:&nbspTwitter

Key Highlights

  • The court also took a progressive view of single parenting, especially by mother.
  • Court said it doesn’t suggest that a child would be at a disadvantage if raised by a single parent. 

Chandigarh: The Punjab and Haryana High Court has recently observed that extramarital affair is not ground enough to conclude that a woman would be a bad mother or can be denied custody of the child.

The observations were made by Justice Anupinder Singh Grewal, who also said that it is fairly common in a patriarchial to cast doubts on woman’s moral character.

“In any patriarchal society, it is common to cast aspersions on the woman’s moral character. And most of the time, such doubts are raised without any basis. Even if we assume that a woman is or has been in an extramarital relationship, it can not be concluded that a woman would not be a good mother or to deny her custody of the child,” a report in Bar and Bench quoted from the high court judgment. 

The court also took a progressive view of single parenting, especially by mother.

The judge said that though the court has advised reconciliation between the couple, it doesn’t suggest that a child would be at a disadvantage if raised by a single parent. 

The court further observes, “Modern times are replete with the instances of children raised by the single parent having grown as responsible adults contributing to nation building in various fields.”

The observations were made by the court while giving custody of a 4-year-old girl to her mother, who was accused by her husband of having an extramarital affair. 

 

The woman had filed a plea in the court seeking the issuance of a writ of habeas corpus to get custody of her minor daughter.

While granting the custody of the child to the woman, the court observed that the petitioner is a resident of Australia and has a steady source of income and welfare support from the Australian government. The woman’s husband is an Australian citizen and resides in India. 

 



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