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Adultery A Ground For Divorce, Not For Granting Child Custody: High Court

Adultery A Ground For Divorce, Not For Granting Child Custody: High Court

NDTV
Friday, April 19, 2024 11:18:35 AM UTC

"Not being a good wife does not necessarily mean she is not a good mother. Adultery can be a ground for divorce, however, the same cannot be a ground for not granting custody," the court observed.

Adultery can be a ground for divorce but not for granting custody of a child, the Bombay High Court said while granting custody of a nine-year-old girl to her mother.

A single bench of Justice Rajesh Patil on April 12 dismissed the petition filed by the man, son of a former legislator, challenging an order passed by the family court in February 2023 granting custody of his daughter to his estranged wife.

The couple got married in 2010, and their daughter was born in 2015. In 2019, the woman claimed that she was removed from their home. The petitioner, however, alleged that his wife had left of her own volition.

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