Affair doesn’t make woman bad mother, says Punjab and Haryana high court
CHANDIGARH: The Punjab and Haryana high court has held that a woman’s extrrital affair is not grounds to assume that she would be a bad mother and deny her custody of her child in a matrimonial dispute.
"…in a patriarchal society, it is fairly common to cast aspersions on the moral character of a woman. More often than not these allegations are made without any basis or foundation. Even assuming a woman is or has been in an extrrital relationship, the same by itself cannot lead to the conclusion that she would not be a good mother to deny her the custody of her child," Justice Anuder Singh Grewal observed while hearing a habeas corpus petition filed by a woman from Fatehgarh Sahib, in Punjab, who is now an Australian citizen.
Anuder Singh Grewal法官在听取旁遮普邦Fatehgarh Sahib一名女子（目前已是澳大利亚公民）提交的人身保护请愿书时表示：“在男权社会里，诽谤女性的品德是很常见的。这些指控往往是毫无根据的。即使假设一个女人目前有或曾经有过婚外关系，也不能认定她不是一个好母亲，不能剥夺她对孩子的监护权。”
The judge also ordered that custody of the four-and a-half-year-old daughter be handed to the woman. The minor girl was allegedly taken away from the woman’s custody by the father.
In her petition, the woman petitioner (name withheld to prect her identity) said she had got married in 2013. Her husband, a native of Ludhiana, was an Australian citizen, and she later joined him in Australia. They had a daughter in June 2017.
The couple developed differences and when they were visiting India in January 2020, her husband allegedly took away the child on February 2, 2020 when she had gone to her parental village.
Wow these judges!! So basically immorality and lying and cheating is a fundamental .
She is trying to set the example for her daughter....god save that little kid.
An affair just makes her another mother!
All nonsense people.
Same goes for fathers too
Dear all, don't go by prejudices. read the article again. nothing wrong with the judge. Cheating is wrong, wheter it is from man or woman. asking for separation is legal & her . she is willing to take the responsibility of bringing-up the child. appreciate her for that , don't denounce it.
Such in dents impact the lives of the innocent kids. parents in-differences results in such difficult situations for kids.
Sensible judgement. Who knows if the man is a absent father. Custody s have to be evaluated on a case to case basis.
This logic cannot be applied on every case. Individual case has to be analyzed and decided.
A women can be a good mother even with a marital affair, but cannot be a fa thful and good wife anymore.
salute the judge.
Just recently they said live in relationships are bad per moral standards but now infidelity is fine! Judge needs to be investigated, lady is from Australia.
Society is not changing....only the outlook of some is deviating from the moral values taught by good parvarish of generations..!!
Finally, common sense prevails.
People should read the news before making the comments. They said that even if...
This is the result of Legality overtaking the Morality.
If the husband or wife are having extra marital affairs then both are at fault and only the mother cannot be denied custody . It is a morally judgement . Any extra marital affair should be enough grounds for divorce and if divorced then the assets and properties must be divided equally between husband and wife .
At the outset, a woman has a fundamental to keep in her custody of her child till the child attains major age and her husband cannot be taken the child into his custody forcibly.
I hope,few of these judges wives run away or have affairs with servants and then see the resutls
Mother always gets the custody of a minor girl child. was her affair proved with evidence or a mere accusation?