[Breaking] Allegations of an Extramarital Affair Against the Mother Do Not Necessarily Mean That She is a Bad Mother: SC
The Supreme Court, on Friday, April 23, dismissed a Special Leave Petition moved by the Husband challenging the custody order made in favour of the mother by the Punjab & Haryana High Court upholding that allegations of an extramarital affair against the mother do not necessarily mean that she is a bad mother.
The Background:
Husband and wife had separated in 2019. The wife was thrown out of the house without any money without her kids. The wife was mentally, physically, and sexually harassed. The custody court granted the interim custody of the kids to the father taking into consideration averments of the extramarital affair made by the husband against his wife that were totally baseless. The custody court ignored the fact that the daughter was below five years of age and her custody should have been with her mother as per law.
The wife moved in appeal against the interim custody order before Punjab & Haryana High Court. The High Court granted the Custody to the mother taking into account the amicus curiae's report in which the son had categorically said that they both enjoy their mother's company.
The Supreme Court today dismissed the appeal filed by the father against the HC order upholding that allegations of an extramarital affair against the mother do not necessarily mean that she is a bad mother. Further, the Court said that the daughter who is below 5 years of age should be with the mother, and the siblings cannot be separated, therefore, both the kids should be with their mother.
The bench comprising Ms. Justice Indira Banerjee and Mr. Justice Krishna Murari found no grounds to interfere with the judgment and order passed by the High Court, impugned before the Court.
The Special Leave Petition was, accordingly, dismissed.
Senior Advocate Pinky Anand was assisted by Advocate Kirti Dua on the matter. Other lawyers appearing for the respondent were Vikas Kuthiala, Adv.; Mr. Krishna Kumar, Adv.; Ms. Nandani Gupta, Adv.; Ms. Saudamini Sharma, Adv.; and Dr. Mrs. Vipin Gupta, AOR.
The Supreme Court Order can be read here: 9622_2021_41_3_27736_Order_23-Apr-2021.pdf
