Child custody

Querist : Anonymous (Querist) 02 February 2011 This query is : Resolved
Mr. A (husband) and Mrs. B(wife) got divorce due to indulged in adultery between Mrs. B(wife) with Mr. C.Before divorced Mr. A and Mrs. B have two girls child of aged 2 and 4 years from their deadlocked.Thereafter Mrs. B and Mr. C got married and got one child.Mr. A (husband) still did not remarriage.
Now Mrs. B(wife) want custody of children i.e.(girls child of aged 2 and 4 years).
Q-
1.In this case can Mr. A (husband) denied the custody of children to Mrs. B(wife) on the ground of bad character.???
2.one time indulged in adultery by Mrs. B(wife) can discriminate her as women of bad character.???
3.Do" bad character of women" has any any affect on the custodial right of mother on child of age below 5 years.???.......... if yes!!! Any leading cases by supreme court and high court ???

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Amit Minocha (Expert) 02 February 2011
yes he can oppose but chances are not much as girls are too small.

The Court would see the welfare of the child first. If adultery was proved and divorce also taken on this ground. It may well support the case of the father.

Advocate. Arunagiri (Expert) 02 February 2011
one time indulged in adultery by Mrs. B(wife) can discriminate her as women of bad character.???

The law had not fixed the number of times for indulging in adultery.

But, one time adultery is bad in the society. So, the court will decide in favour of the husband only.

Querist : Anonymous (Querist) 02 February 2011
THANK'S you all sir's!!!
pliz!! attached any judgement bases on above fact or any related judgement of Supreme court and High Court,if possible!!!

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