In a rare judgement from October 2021, a Delhi court has granted interim custody of two minor children, one being 4.5 years old and the other being 18 months old 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 mother had left her matrimonial home in October 2020 with both her children. After that, 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 said it was evident from the record that she stayed in Goa for three days with her lover, leaving behind both the children with a maid.
“It is the choice respondent/mother has herself made and this unethical conduct of the mother would hamper the balanced and healthy growth of the children. The children require their due share of attention and affection from parents, which respondent/mother has not been giving,” Principal Judge Anju Bajaj Chandna said in the order.

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

The Court said, Children with involved and caring parents always have better educational outcome. The studies have found that an active and nurturing style of parenting is associated with better verbal skills, intellectual functioning and 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 and they need undivided time, attention, care and love from their parents”