Delhi High Court Rules Adultery Insufficient to Deny Child Custody Rights
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The Delhi High Court’s January 30, 2024 decision clarifies a critical principle in family law: adultery alone does not make a parent unfit for child custody. This ruling upholds the welfare-of-the-child standard under Section 25 of the Guardians and Wards Act, 1890, and cements shared parenting as the modern approach to custody disputes. Factual Background The parties married in November 2004 and have two daughters, ages 12 and 10. They began living separately in February 2018. A Family Court in Noida granted joint custody in December 2019, ordering each parent to exercise custody for two continuous weeks every month. Both parents challenged this order, citing the spouse’s alleged misconduct. The father argued that his wife’s extramarital relationship disqualified her from custody. The mother countered that he had abandoned the family for over two years and obstructed her access to the children. Legal Framework Section 25 of the Guardians and Wards Act, 1890 mandates that the chil...
