The Delhi High Court has held that a father is entitled to the custody of his minor child when allegations of adultery against the mother are accompanied by deliberate neglect and conscious abdication of maternal responsibilities.

A Division Bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar upheld a Family Court’s order granting interim custody of the child to the father and visitation rights to the mother, against whom adultery allegations were levelled.

“We are of the considered opinion that mere allegation or even proof of an adulterous relationship cannot, by itself, be the determining factor for custody. However, when such conduct is coupled with acts of neglect and abandonment of maternal obligations, the cumulative effect justifies the Family Court’s course of action,” the Court observed.

The couple married in 2020 and had a son in 2021. Owing to matrimonial discord, they began living separately in 2023. The husband sought custody, claiming that the wife neglected her parental duties and was involved in relationships outside marriage. He supported his plea with photographs showing the child sleeping unattended on a cart in an open area.

Dismissing the wife’s appeal, the High Court noted her admission before the Family Court that she had eloped with another man — a statement the Bench said carried substantial probative value.

Holding that her conduct was inconsistent with the child’s welfare, the Court ruled that the best interests of the child would be served under the father’s care. It emphasized that the mother’s actions reflected disregard for the stability and nurturing environment essential to the child’s development.

Accordingly, the interim custody was confirmed in favour of the father, with defined visitation rights granted to the mother to ensure continued engagement during the proceedings.