"Adultery is in any case a ground for divorce, however the same can’t be a ground for not granting custody," a single-judge bench of Justice Rajesh S Patil noted in its verdict in a plea by the man, a son of former legislator.
The Court said that adultery is not the sole determining factor for custody unless it is proved that adulterous relationship is pernicious/injurious to the child.
Irrespective of extreme allegations made by warring parents against each other, courts must consider the welfare of the minor child and not the statutory rights of the parents, the Court said.
The Karnataka High Court has refused to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who resides there. A division bench of Justice P S.