The Hon’ble Bombay High Court held that:
“In any custody matter, what Court has to see is the welfare of the child. In the present proceedings, the child is a ‘girl’ and aged only of 9 years which is pre-puberty age. The mother of the child is a doctor by profession who is now staying in a flat within the close vicinity nearby the daughter’s school. The mother of the wife who is a home-maker and is residing with the wife.
The academic record of the minor daughter during her custody with the wife is also good. Therefore, according to me, there is no reason or change in the circumstances that the custody should be changed from the Wife to the Husband.
The submission made on behalf of the petitioner/husband as regards the adulterous behavior of the respondent/wife, according to me, these are the allegations which are made in the marriage petition by Husband before Family Court, filed in the year 2020. The said allegation has to be proved by leading evidence before the Family Court. Therefore, based on the allegations, the doubt as to whether the custody can be given to the wife will have no bearing. There is no doubt as held by the various judgments that not a good wife is not necessarily that she is not a good mother.
Adultery is in any case a ground for divorce, however the same can’t be a ground for not granting custody. 48. Hence, this writ petition fails. No costs.”
Ref:WRIT PETITION NO.4060 OF 2024
