A division bench of Justices Alok Aradhe and Justice S Vishwajith Shetty of Karnataka High Court while rejecting the plea of mother challenging the order of family court handed custody of minor son to his father as court found that mother gave more importance to her illicit relationship with other man rather than taking care of her child.

“If the issue regarding the relationship of the mother with the other man juxtaposition the welfare of the child is considered, it appears that she has given more importance to the illicit relationship of hers and has neglected the child. After she left the matrimonial home, she had handed over custody of the child to her parents at Panchakula, Chandigarh and she continued her stay in Bengaluru and the material on record would go to show that she was constantly moving with the man. Therefore, it can safely presumed that she bothered least about the welfare and interest of the child and she had taken the child away from his father only out of vengeance”.

The court observed that “Home is the first school of the child and parents are its first teachers. When the child is deprived of a proper parenthood, its overall growth and happiness gets affected and in such situation, the Courts are not only required to consider the comforts and attachments of the child but should also consider the surroundings in which the child is growing, the moral and ethical values which the child learns by observation, availability of care and affection when the child needs it most and thereafter strike a balance which would be more beneficial for the child’s welfare and interest”.

Case Detail: Dr Ekta Singh vs Rajeev Giri