Delhi Court | Mother Prefers Her Own Enjoyment; Custody Of Both Minor Children Given To Father

Mothers are next to God….? In 2021, Mothers are only Human! In a rare order, a Delhi Court has granted interim custody of two minor children to the father, while noting that the mother has a right to choose her private life, but not at the cost of the welfare of her children.

The children are aged 4.5 years & 18 months respectively.

Case:

The mother had left her matrimonial home in October 2020 along with both her children. Subsequently, the father filed an application seeking custody, claiming that his wife’s alleged illicit relationship with her lover was affecting the children adversely.

The court noted evidence on record that suggested that the woman stayed in Goa for 3-days with her lover, leaving behind both the children with a maid.

Allegations & Defense

The father, through his counsel Prabhjit Jauhar, had claimed that the mother went to Goa with her paramour for four days to enjoy her alleged adulterous lifestyle, leaving the infant alone with a maid.

The mother, through her counsel Kamini Jaiswal, contended that the petitioner through his application was attempting to re-agitate the issue of custody on the basis of false allegations of having a paramour. She had argued that she took help from the person as she was in need & wanted to leave her matrimonial home in order to escape from the alleged torture meted out to her by her husband.

Delhi Court

In the order, Principal Judge Anju Bajaj Chandna said,

It is the choice respondent/mother has herself made & this unethical conduct of the mother would hamper the balanced & healthy growth of the children. The children require their due share of attention & affection from parents, which respondent/mother has not been giving.

Priority Important Not Character

The court further said although the character of the mother might not be relevant in deciding the custody issues, priorities & preferences of parents invariably affect the proper growth of the children.

The judge added,

The respondent/mother has not been conducting herself in the complete interest of her children & prefers her own enjoyment, which adversely reflects on her parenting.

The court further said that parents need to understand the physical & emotional state of the child & his capabilities & continue to acknowledge & address his sensibilities. It added,

Children with involved & caring parents always have better educational outcome. The studies have found that an active & nurturing style of parenting is associated with better verbal skills, intellectual functioning & academic achievements among adolescents. Children do not remain untouched by the relational turmoil of their parents.

In the present matter, both the children are in their formative years & they need undivided time, attention, care & love from their parents.

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