The Delhi High Court recently affirmed a family court’s decision, awarding custody of a four-year-old boy to his father. The court emphasized that while an extramarital affair alone isn’t the sole determinant in custody battles, it becomes a crucial factor when paired with a parent’s clear neglect and abandonment of their child-rearing responsibilities.
Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, presiding over the Bench, clarified that the mother’s alleged relationship outside of her marriage was not the primary basis for the family court’s ruling. Instead, it was her consistent pattern of neglect and abandonment toward the child, viewed in conjunction with the affair, that ultimately validated the custody transfer.
The couple married in February 2020 and welcomed their son in January 2021. However, marital disagreements led to their separation in October 2023.
In 2023, the father sought legal intervention from the family court. He claimed the mother repeatedly left their marital home without notice, often leaving their son unsupervised. He further alleged that her extramarital relationship exacerbated their marital strife.
To bolster his case, the father presented photographic evidence purporting to show the young child asleep alone on a pull cart in an outdoor setting. He argued that such actions demonstrated the mother’s disregard for the child’s safety and well-being.
The family court, on July 8, 2025, awarded temporary custody of the boy to the father. The mother was granted restricted visitation rights, permitted to see her son every Sunday for two hours, from 2:00 p.m. to 4:00 p.m., at the children’s room within the Tis Hazari Courts.
The mother appealed this order to the High Court, asserting that compelling circumstances within the marital home necessitated her separate living arrangement, and that her cohabitation with another individual was a matter of necessity, not a deliberate choice. She contended that her personal relationship status should not impact her right to child custody.
However, the High Court considered a report from the local police station’s Station House Officer (SHO). This report highlighted the mother’s “habitual neglect and irresponsible abandonment” of the child over a period of almost two years, indicating a clear risk to the child’s welfare.
Ultimately, in its October 8 judgment, the court concluded that “the custody of the minor would be best secured in the care of the Respondent-Father,” signifying its decision to place the child permanently with the father.