NEW DELHI: In a rare order, a Delhi court has granted interim custody of two minor children — 4.5 years old and 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. The move came when 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 respondent/mother has not been conducting herself in the complete interest of her children and prefers her own enjoyment, which adversely reflects on her parenting,” the judge stated.
It observed that parenting was all about inculcating good values in children and to support and lead them to the path of success. Parents need to understand the physical and emotional state of the child and his capabilities and continue to acknowledge and address his sensibilities, the court observed.
“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,” it added.
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, contented 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 and wanted to leave her matrimonial home in order to escape from the alleged torture meted out to her by her husband.
