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Synopsis

The Delhi High Court has emphasized that an adulterous spouse should not automatically be considered an incompetent parent, stating that an extramarital affair cannot be the sole determining factor in denying child custody.

The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna asserted that points considered in divorce proceedings and custody matters are distinct and not interchangeable.

The court underscored that even if adultery by a parent is proven, it cannot automatically disqualify them from child custody unless there is additional evidence demonstrating that the adulterous act has adversely affected the children's welfare.

The court emphasized that an "adulterous spouse" does not equate to an "incompetent parent," and an extramarital affair should not be the sole basis for denying custody unless it is proven to be harmful to the child.

"Adulterous Spouse” is not equivalent to “Incompetent Parent”. Points for consideration in divorce proceedings and custody matters may be co-related but are always mutually exclusive. Any adulterous relationship or extramarital affair of either spouse cannot be the sole determining factor to deny custody of a child unless it is proved that the adulterous relationship in itself is pernicious/detrimental/injurious to the welfare of the child," the court said.

The case before the court involved cross-appeals filed by a couple against a family court's decision granting them joint custody of their two minor daughters, aged 12 and 10. The high court found no reason to interfere with the family court order and upheld joint custody.

While the wife claimed that her husband was erratic and irresponsible, abandoning the family for an extended period, the husband argued that her guardianship petition was a counter to his divorce petition and criminal complaint on grounds of cruelty and adultery. The wife alleged that her husband's sister kidnapped the children, and she was ousted from her matrimonial home.

Despite evidence proving the mother's extramarital affair, the high court concluded that this alone could not justify denying her custody unless it could be shown that her interests elsewhere had adversely impacted the children's welfare.

The court noted that there was no evidence of the mother neglecting the children or her conduct negatively influencing them.

"The respondent/mother may not have been a faithful or a good wife to the appellant/husband, but that in itself is not sufficient to conclude that she is unfit to have custody of the minor children, especially when no evidence has been brought on record to prove that she in any manner neglected to take care of the children or that her conduct has resulted in bad influence of any kind on the children," it said.

Case Title: Vineet Gupta v. Mukta Aggarwal