Adultery can’t stop mother from getting custody of her minor children, HC rules

The HC said that “the minor child is required to get both motherly and fatherly care, nor when the said endowments can become the ill-casualities."

3 min readChandigarhUpdated: Sep 21, 2024 08:32 AM IST

Punjab and Haryana High Court Punjab DGP songs violence, custody

The HC on hearing the matter considered the question of whether the custody of minor children to the mother be denied on grounds of allegation of adultery. (File/ Express photo by Jaipal Singh)

The Punjab and Haryana High Court (HC) said that a woman cannot be denied custody of her infant children even on the ground of adultery. The division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma was hearing an appeal filed by a woman against the order of a Family Court of Pehowa which denied her custody of her minor children under the Hindu Minority and Guardianship Act in 2020 and only allowed visitation rights.

The couple got married in 2009 and their two children were born in 2010 and 2013. The husband had allegedly started harassing the woman for dowry and asked for a divorce in 2016. However, after the divorce, the children lived with their father and grandparents. The woman’s counsel denied the allegation that she was living an adulterous life as per the videos produced as evidence with the certificate required under Section 65-B of the Indian Evidence Act.

Also, even if she had committed adultery, there is no severance of her maternity with the minor children, and there was an imperative requirement for motherly love and affection for them. It was further argued that the children are mistreated and not taken of properly at their grandparent’s house.

The husband in his reply submitted that the minor children are residing with them since February 16, 2016, and are enjoying the care.

The HC on hearing the matter considered the question of whether the custody of minor children to the mother be denied on grounds of allegation of adultery.

The Bench said that both fatherly affection and motherly care do become the sheet anchor for potentialising the innate talents of every child. The HC said that “the minor child is required to get both motherly and fatherly care, nor when the said endowments can become the ill-casualities.

Therefore, even if assumingly the mother is in a live-in relationship, thereby the care, affection or the endowment of motherliness, upon the minor child, but cannot become curtailed or fettered in any manner…a dire biological need, and/or is a biological bondage inter se the mother and the minor children, which cannot be snapped, even if marital ties amongst the husband and the wife becomes severed or become snapped.”

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“The entering of any live-in relationship by any partner to a lawful marital relationship, which may have overtones of adultery, thus is not required to be working as an obstacle rather for the mother to receive the custody of her infant/nascent children, as therebys completest motherly love and affection becomes bestowed upon them,” asserted the HC.

Jagpreet Singh Sandhu

Jagpreet Singh Sandhu is a Senior Correspondent at The Indian Express, based in Chandigarh. He is a veteran reporter with over a decade of experience, specializing in legal, crime, and environmental reporting across the tri-city area (Chandigarh, Mohali, and Panchkula). Professional Background Core Beat: He primarily covers the Punjab and Haryana High Court, District Courts, CBI Courts, and Consumer Commissions. His legal reporting is known for breaking down complex judgments and tracking long-standing criminal cases. Environmental Reporting: Jagpreet has become a key voice in reporting on the deteriorating air quality and weather patterns in the Punjab-Haryana region. Crime & Technology: He frequently reports on cybercrime, digital arrest scams, and the intersection of technology and law enforcement, such as the development of citizen-centric policing apps. Recent Notable Articles (Late 2025) His late 2025 coverage has focused on significant judicial verdicts, major financial scams, and public health concerns: 1. Legal & CBI Court Verdicts "12 years on, CBI court acquits Haryana judge, parents in wife’s death case" (Dec 17, 2025): Detailed coverage of the acquittal of a judicial officer in a high-profile dowry death case from 2013. "‘Wicked & evil mind’: Court gives man 30-year term for kidnapping, sexually assaulting 8-year-old" (Dec 16, 2025): A report on a stern judgment from a Chandigarh district court in a POCSO case. "Man acquitted in rape case after victim found ‘very happy’ in wedding reception" (Dec 9, 2025): Covering a unique legal observation regarding consensual relationships and age verification. 2. Investigative & Scams "CBI registers FIR in Rs 1.14-cr Patient Welfare Grant scam at PGIMER" (Dec 19, 2025): An exposé on how funds meant for poor patients were siphoned off through forged documents and a photocopy shop inside the PGIMER campus. "Month-long torture, Rs 85 lakh transfers: How ‘Innocence Certificate’ led to a ‘digital arrest’ of an elderly couple" (Dec 12, 2025): Detailing a sophisticated cyber fraud targeting senior citizens in Chandigarh. 3. Environment & Public Safety "Panchkula air turns ‘very poor’, fourth worst in country" (Dec 22, 2025): Reporting on the sudden spike in pollution levels in Panchkula compared to neighbouring cities. "Soon, you can snap that overspeeding car, and report to Chandigarh Police" (Dec 16, 2025): Breaking news on a new mobile application being developed to allow citizens to report traffic violations via geo-tagged photos. 4. Gangster Culture & Crime "City Beautiful in the crosshairs of gangsters" (Dec 14, 2025): A feature analysis of how Chandigarh has increasingly become a staging ground for extortion and rivalries between gangster modules. "Shooters wanted for Parry murder held by Delhi Police Special Cell" (Dec 18, 2025): Following the developments in a high-profile murder case in Chandigarh’s Sector 26. Signature Style Jagpreet is recognized for his tenacious follow-up on cold cases and his ability to report on courtroom drama with a focus on victim rights. His work often highlights administrative lapses, whether in the handling of patient welfare funds or the enforcement of environmental standards. ... Read More

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