Mother bothered least for child's welfare; gave more importance to her affair: Karnataka HC grants custody of daughter to father

The Karnataka High Court recently dismissed the appeal moved by a woman against the Family Court's order to hand over the custody of her minor daughter to the father.

A division bench of Justices Alok Aradhe and S Vishwajith Shetty held that from the material available on record it appeared that not only did the woman used to tutor the child against the father but also she often left her under the care of her parents while she was on move with another man.

"The respondent, on the other hand, has successfully proved before the Court that the relationship of the appellant with the said Shivanand was beyond business meetings as sought to be contended by the appellant and she had given more priority to the said relationship of her's when compared to the welfare and well-being of the child," the court noted. 

Further, court also took into consideration the submission made on behalf of the father of the minor child that prior to the woman leaving her matrimonial house, she had not taken care of the child and it was he and his parents who looked after the child. 

Moreover, the court took note of the fact that neither in her petition the woman had stated anything touching the character of the husband nor had she proved that he had no love and affection towards the child or that he had misbehaved badly with the child so as to raise a presumption against him.

Therefore, court dismissed her appeal while stating that: "We feel that the interest of the minor child will be best served if the custody of the child is handed over to the respondent (father), but with sufficient access to the appellant(mother) to visit the minor at frequent intervals".

The woman had filed an appeal under Section 47(C) of the Guardian and Wards Act, 1890 (for short, 'the Act'), against the judgment and decree dated March 3, 2023, passed by the Family Court, Bengaluru. The Family Court had allowed the petition filed by the father of the child under Section 25 of the Act and had directed the woman to hand over the custody of the minor child to the father. 

The marriage of the couple was solemnized in October 2011, and from the said wedlock, a girl child was born in 2015. Both parties were Doctors by profession.

Apparently, after the marriage, the woman allegedly started quarreling with her husband and his family members. The husband further alleged that in the month of February 2016, the woman came in contact with another man and she developed an illicit relationship with him.

The husband alleged that the woman used to stay overnight in her working place and continued her adulterous affair with the other man keeping him in dark. Later, when the illicit relationship came to light, the woman moved out of the matrimonial home along with the child, he told the court.

Case Title: DR. EKTA SINGH v. MR. RAJEEV GIRI