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Nov 154 min read

How Does Adultery Impact Child Custody Decisions?

Adultery Is When A Person Gets Into An Emotional And Sexual Connection With Someone Else Outside Of The Marriage. There Are Many Reasons For An Extra – Marital Relationship But The Most Common Is To Get Attracted To Someone Else In Which Transfer Of Emotional Energy Takes Place. The Emotional Energy, Which Earlier Was Directed To Family And Children, Is Now Directed Towards Someone Else Outside Of The Marriage. There Are Chances That Extra - Marital Relationship Involves Sexual Intimacy As Well.

The Extra–Marital Relationship Not Only Affects The Marital Relationship But It Also Affects The Children Born Out Of Such Marital Relationships. It Affects The Child Custody And The Other Related Matters Like Maintenance For The Child Etc. It Breaks A Family Into Pieces And Affects The Mental Health Of The Family.


Before Understanding The Impact Of Adultery On Child Custody, Let Us First Understand What Child Custody Is And Its Types.


What Is Child Custody


Child Custody Is The Legal Obligation Given To Parents To Take Care Of The Child. It Includes Taking Care Of The Needs Of The Child Like Financial Needs, Emotional Needs Etc. The Child Custody Also Gives The Legal Right To Take Decisions On Behalf Of The Child For The Betterment Of The Child. In Cases Of Divorce, The Child Custody Is Provided To One Of The Parents After Considering Various Factors. The Other Parent Is Given The Visitation Rights. Generally, Both The Parents Have The Right To Child Custody But It Gets Split In Case Of Divorce.


Types Of Child Custody


  • Physical Custody Refers To A Child's Daily Living Environment. In Rare Circumstances, Both Parents May Have Equal Rights, With The Child Receiving Equal Amounts Of Time From Both Parents. In Some Circumstances, One Parent May Have Sole Custody, Meaning The Child Lives With Them The Majority Of The Time, While The Other Parent May Have Visiting Rights.

  • Legal Custody Might Be Sole Or Joint.  Legal Custody Relates To Decisions Affecting The Development Of A Child, Such As Those Related To Schooling And Healthcare. Even If One Parent Has Primary Custody, Both Parents Can Share Legal Custody.


Factors Affecting Child Custody


The Court Considers Various Factors While Granting Child Custody To Either Parent. Let Us Discuss These Factors:


  • The Court Will See The Relationship Of The Child With Each Parent. Whether The Child Has Good Terms With Both Parents. Whether The Child Has Emotional Attachment With Only One Parent Etc.

  • The Court Will Also See The History Of Abuse By Either Parent. There Are Chances That One Parent Is Habitual In Abusing The Child. The Child Might Not Feel Safe With Them.

  • The Parents Ability To Fulfill The Financial And Emotional Needs Of A Child Will Also Be Considered. The Parent Should Be Financially Sound To Provide A Good Life To The Child. The Emotional Support To The Child Is Also A Necessary Requirement. For This, The Child Should Have A Good Emotional Connection With The Child.

  • The Court Will Also Ask The Child His Choice And Preferences. The Court Will Consider The Child’s Maturity And Age. The Child Should Be Mature Enough To Make Sound Decisions. The Best Interest Of The Child And His Choice Are Of The Paramount Considerations. If The Child Is More Comfortable With The Mother, Then The Custody Will Be Granted To The Mother.

  • The Court Considers All These Factors Along With The Best Interest Of The Child. The Court Will See Whose Custody Will Be More Suitable To The Child.


How Does Adultery Impact Child Custody Decisions


The Infidelity Of Parents Affects The Children Mentally. While An Affair Is Taking Place, Children Understand That The Parent Is Devoting Emotional Energy Away From The Home. As A Result, The Youngsters May Experience Anxiety Or Fear, Or They May Perceive Rejection And Believe They Have Done Something Wrong.


In Cases Of Divorce Resulting From An Extra – Marital Relationship, The Most Important Issue That Arises Is Child Custody. Let Us Now Discuss Through Case Laws Whether Adultery Affects The Child Custody Decision?


In The Case Of Abhishek Chavan V. Gauri Chavan, 2024, The Mumbai High Court Held That The Child Custody Cannot Be Denied To An Adulterous Wife As Adultery Is A Ground For Divorce But Not A Ground To Refuse The Child Custody. The Welfare Of A Child Should Be An Important Consideration In Cases Of Child Custody. In The Present Case, The Court Considered That The Child Was Of Pre – Puberty Age And The Distance Between Her School And The Mother’s Flat Is Also Less And Her Academic Performance Was Also Good When She Was Living With Her Mother. The Court Held That There Is No Change In Circumstances That Affects The Child Custody. They Even Stated That If A Woman Is Not A Good Wife That Does Not Mean That She Is Not A Good Mother.

Hence, Adultery Does Not Affect The Child Custody Decision.


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