“Mother’s extramarital relationship has no basis to reject child’s custody” ; HC

Punjab; The Punjab and Haryana High Court has directed that the extramarital relation of a mother was no basis to reject the child’s custody in case of a marital dispute. Justice Anupinder Singh Grewal affirmed it did not show she was not a good mother.

Justice Grewal also directed that modern times were filled with cases of children, fostered by a single parent, raising to become responsible grown-ups contributing to nation-building in several areas. “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 said.

The statement by Justice Grewal appeared on a habeas corpus petition by a mother who resided in Australia for the release of her four-year-old daughter from her seperated husband’s supervision. The husband had claimed during the hearing that the claimant was in an extramarital relationship with his kin. Justice Grewal said the charges were completely false and could not be regarded as appropriate to settle the issue. The child would need the mother’s love, care, and passion for her growth in the developmental years. The mother’s support and supervision would also be necessary during puberty.

Read more; Woman Naxal, ‘carrying a reward of 2 lakh’ on her head killed in encounter

The mother, in any circumstance, was the child’s natural guardian till the age of five in courses 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 continued.