Delhi High Court Upholds Father's Interim Custody of Minor Child Amidst Allegations of Maternal Neglect

Court emphasizes child's welfare over allegations of adultery; visitation rights granted to mother

In a significant ruling, the Delhi High Court, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, upheld the Family Court's decision to grant interim custody of a minor child to the father, Dipender Nath, amidst allegations of maternal neglect and purported adulterous relationships involving the child's mother, Karuna Nath. The judgment, pronounced on October 8, 2025, stressed the paramount importance of the child's welfare and best interests over the allegations of adultery made by the father.

The contentious custody battle began following matrimonial discord between the parties, leading to their separation. Dipender Nath had filed for custody under the Guardians and Wards Act, 1890, citing neglect by Karuna Nath, who allegedly left the child unattended on multiple occasions. The father's petition was supported by photographic evidence and a police report indicating the mother's involvement in an extramarital affair.

Justice Harish Vaidyanathan Shankar, delivering the judgment, highlighted that mere allegations or proof of an adulterous relationship cannot solely determine custody decisions unless it impacts the child's welfare, depriving them of maternal affection or security. The court noted that Karuna Nath's persistent absence in custody proceedings, her repeated disregard for court orders, and her association with a man facing familial threats were indicative of neglect toward her maternal duties.

While granting interim custody to the father, the court ensured visitation rights for the mother, allowing her to meet the child every Sunday at the Children’s Room in Tis Hazari Courts, Delhi. This arrangement aims to maintain the child's engagement with both parents during the ongoing guardianship proceedings.

The judgment underscored the legal principle that the welfare of the child is the paramount consideration in custody matters, as previously established in various Supreme Court rulings. It emphasized that the holistic development of the child encompasses physical, moral, and ethical well-being, which must guide judicial discretion.

Karuna Nath's appeal challenging the Family Court's order was dismissed, with the High Court reaffirming that the interim custody arrangement serves the best interest of the child. The court's decision is a reminder that in custody disputes, the child's welfare takes precedence over parental rights and allegations, ensuring a stable and conducive environment for the child's growth.

Bottom Line:

In custody matters under the Guardians and Wards Act, 1890, the paramount consideration is the welfare and best interest of the child, and allegations or proof of an adulterous relationship cannot be the sole determinative factor for granting or denying custody.

Statutory provision(s): Guardians and Wards Act, 1890 Section 12, Family Courts Act, 1984 Section 19(1)

Karuna Nath v. Dipender Nath, (Delhi)(DB) : Law Finder Doc Id # 2792429