Extramarital relationship not a ground to assume woman would be bed mother to deny child custody: HC

The judgement pronounced by Hon'ble Justice Mr justice Anupinder Singh Grewal, Punjab and Haryana High Court, in issuance of a writ in the nature of Habeas Corpus for the release of petitioner's minor daughter. "In the light of facts and circumstances specially when there is an order of the Australian Court the child under the age of 5 years, she is an Australian citizen and the petitioner is fairly well settled in Australia. I am of the considered view that it would be in the interest and welfare of child, if her custody is handed to the petitioner mother" said the Court. Finally the petition allowed and the custody of the girl child would be handed over to the petitioner. The Court observed, "it would be worthwhile to note that 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 extramarital 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" The court has also envisaged a meliorative view of single parenthood, especially by mother. Court had reconciliation between the parties, it was not suggesting that a child raised by single parent would be at a disadvantage. "Modern times are replete with the instances of children raised by the single parent having grown as responsible adults contributing to nation building in in various fields" Court said