In this case, the Petitioner(husband) contended that the Respondent (wife) was having extramarital affairs with other persons and therefore, for the child’s welfare which was of paramount importance, the Petitioner was entitled to custody. The Respondent, per the Petitioner, could have spoilt the future of the child. There were also frequent quarrels between the Petitioner and the Respondent and the Petitioner constrained to lodge FIR against the Respondents for the offence punishable under Sections 323 and 294(B) of the IPC.

“The learned Family Judge has considered the said aspect and has opined that there is nothing on record to show as to how it is unsafe for his children and as to how the life of his children is at stake with the respondent herein. Further, so far as the allegations qua the character of the respondent is concerned, the learned Family Judge has opined that the same could not be believed only on the basis of the FIR, Photographs and/or the chatting details. It is further observed by the learned Family Judge that by virtue of an order passed below Exh. 6, visitation right has been granted to the petitioner and the respondent herein has been complying the said order scrupulously.”

The High Court affirmed the Family Court’s point that it was unclear as to how the children were unsafe if the Respondent was having extra marital relations with other persons. Further visitation rights were already granted to the Petitioner and Respondents and due conduct was being followed. Therefore, the Family Court had considered all aspects while passing the impugned order.

Accordingly, the petition was dismissed