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Woman Entering Into A New Relationship Without Securing Divorce, Won't Be Deprived Of Custody Of Minor Child: Allahabad HC

Team SoOLEGAL 4 Jan 2021 3:39pm

Woman Entering Into A New Relationship Without Securing Divorce, Won't Be Deprived Of Custody Of Minor Child: Allahabad HC

Allahabad High Court while hearing a petition of habeas corpus has held that entering into a new relationship without getting a divorce from the first marriage is something that is not accepted by law and society, but that does not mean that, the mother who had entered into a second marriage without getting a divorce would not get the custody of her minor child.

Justice JJ Munir while hearing the plea was of the view that, not giving the custody of the minor child to the mother might have a negative impact on the overall growth of the minor.

The father of the minor child had filed a petition of habeas corpus in the name of his minor son and stated that, his wife i.e. the mother had taken unlawful custody of his minor child. The father had prayed that, the custody of the minor child should be given to him. The father had also stated that, the second marriage of his wife is void because the first marriage is still in existence hence, she has lost her claim to custody of the minor.

The father and the mother of the minor got married on 8th December, 2009, and on 7th August, 2015, a child was born. According to the father, on 3rd October, 2019, the mother had gone away somewhere taking along with their minor son. Mother’s statement was recorded under Section 161 & 164 of Code of Criminal Procedure, 1973, and according to the mother, she had completed a second marriage. The father of the child had contended that, the second marriage of his wife is void. The mother had stated that, she was treated with cruelty by the father of the minor and that was the reason she had ran away.

The Court was of the view that, by not giving the custody of the minor child to the mother might have a negative impact on the overall growth of the minor. By listening to the statement of the mother regarding her second marriage, the Court was of the view that, the minor has managed well in his new family. The Court had rejected the petition and allowed the custody of the child to the mother and also directed the mother to bring the minor once in two months on any Sunday to his father’s home at Kanpur.



Tagged: Allahabad HC   Justice JJ Munir   Criminal Procedure   Code of Criminal Procedure  
Did you find this write up useful? YES 6 NO 1
Vinod Kaushik Advocate   6 Jan 2021 12:42pm
This decision is not so justified, because everything is supported to woman' and not seen the circumstances of the situation
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