The Court considered the case and observed that the evidence on record reflected that the mother frequently spent her time with the third person “in whom she had special interest” but there was not an iota of evidence to show that she, in any way, had failed to take care of the needs of the children.
“The respondent/mother may not have been a faithful or a good wife to the appellant/husband, but that in itself is not sufficient to conclude that she is unfit to have the custody of the minor children, especially when no evidence has been brought on record to prove that she in any manner, neglected to take care of the children or that her conduct has resulted in bad influence of any kind, on the children,” the Court said.
It noted that both the parents bein g employed in government service are similarly placed to look after the welfare of children.
The Court, therefore, found no reason to interfere with the family court order granting joint custody of the children.
Source: Barandbench
