The question answered recently by Punjab and Haryana High Court in a Habeas Corpus Petition was “Whether the mother can be denied the custody of the child if she is alleged to have extra-marital affair?” The Court while noting that besides the bald assertions in the petition, no supporting material was produced by the husband to substantiate his claim.

The Court observed that in a patriarchal society, it is fairly common to cast aspersions on the moral character of a women and more often than not these allegations are made without any basis or foundation. Thus while granting custody, it held that “Even assuming a woman is or has been in extramarital relationship, the same by itself cannot lead to the conclusion that she would not be a good mother to deny her the custody of her child”.

The present video deals with the issue in a large perspective as to who would get the custody if the allegation of extra-marital affair is raised by either of the spouse to deny the custody to another.

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