Dear Lissing perme,

It is now well settled in law, the courts will take only and only the welfare of the child as paramount consideration and will not look into the statutory and moral rights of father and mother, while deciding the custody of the child.  Mother's one time adultery and remarriage with the same adultrer are two grounds, which may weigh heavily on the court's consciousness, while deciding the dispute.  But it is not a determining factor, even though a negative factor for the mother to seek custody.  On the other hand, both the children, whose custody is sought are girl children and are below the age of 5, are the grounds, which will go in favour of mother.  But to satisfy the court, it has to be shown by carving out such independent grounds (like mother's educational qualification, free time available with her to spend with the children, the posh and aristocratic residential area she lives in and her capacity to meet the growing expenses of the growing up girl children etc.)  that the welfare of the children lie in keeping them with mother.  

Prabhakar (Advocate-Delhi)

(M)9958670740

karlprabhakar@gmail.com