The Delhi High Court has upheld a Family Court decision granting interim custody of a four-year-old boy to his father, ruling that while adultery alone does not automatically disqualify a mother from retaining custody, it can become a decisive factor when accompanied by neglect and irresponsibility toward the child.
A Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed that the mother’s repeated absences, refusal to attend court proceedings, and lack of concern for the child’s welfare reflected a serious disregard for her parental duties. The Court emphasized that the welfare of the child must remain the paramount consideration in all custody matters.
The couple had married in February 2020 and separated in October 2023 after ongoing disputes. The father alleged that the mother frequently left home without notice, often leaving the child unattended, and that she was involved in a relationship with a married man. During the custody proceedings, the mother failed to appear before the Family Court despite being served multiple summons and even a non-bailable warrant. Her own mother informed the Court that she had eloped with another man who already had two children from an earlier marriage.
The Court held that although adultery by itself is not sufficient ground to deny custody, when such conduct is coupled with deliberate neglect, disinterest in the child’s welfare, and disregard for court directions, it becomes a relevant factor in assessing fitness for custody. The judges also relied on a report submitted by the Station House Officer, which confirmed that the mother had been neglectful and indifferent toward her parental responsibilities for nearly two years.
Finding that the father could provide a more stable and secure environment for the child, the High Court upheld the Family Court’s interim order granting custody to him. The mother’s plea was dismissed, though she was allowed limited visitation rights to maintain contact with her son.
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