Chandigarh, June 3rd: If a woman is having an extramarital affair, it does not mean she is a bad mother and cannot be granted custody of her child, the Punjab and Haryana Supreme Court recently found. The observation was made during a hearing on a habeas corpus petition submitted by a woman from Fatehgarh Sahib, Punjab, who is now an Australian citizen. The woman applied for custody of her four-and-a-half-year-old daughter who her father had taken away. “Living in relationships that are morally or socially unacceptable”: Punjab and Haryana High Court issues order after unmarried couple seek protection for life and freedom.

“… In a patriarchal society it is quite common to slander a woman’s moral character. Most of the time, these allegations are made without any basis or basis. Even assuming that a woman is or has been in an extramarital relationship, that alone cannot lead to the conclusion that she would not be a good mother to deny her custody of her child, “noted Judge Anupinder Singh Grewal.

According to a TOI report, the woman told the court that she got married in 2013. Her husband, a native of Ludhiana, is an Australian citizen and she later moved to Australia. The couple had a daughter in June 2017. ‘Wife is entitled to an increase in alimony after divorce if husband’s salary is increased’: Punjab and Haryana High Court.

The report said differences later emerged between the woman and her husband. The petitioner informed the court that he arrived in India in January this year. On February 2, 2020, when she went to her parents’ village, her husband took her daughter with him, she said. Claiming that an extramarital affair did not make a woman a bad mother, the court granted the woman custody of her daughter.

(The above story first appeared on LatestLY on June 3, 2021 at 12:31 PM IST on LatestLY. For more news and updates on politics, world, sport, entertainment and lifestyle, log on to Latestly.com).