Woman deprived of kids' custody for extra-marital affair

New Delhi, Jan 6 (PTI) A woman has been deprived of the custody of her two minor children by a Delhi court on ground of her alleged extra-marital affair with her brother-in-law whom she married after divorcing her husband. Additional District Judge Reetesh Singh granted the custody of woman's three-year-old daughter and seven-year-old son to her first husband, saying the children's father would be in a better position to impart social and ethical values to them. The judge said the woman may be right in leaving her husband to marry another man but choosing to indulge in an "extra marital affair" and exposing children to the same would have left an indelible mark on their minds. "In the opinion of this court, the minor children would most certainly have been confused regarding marital status of their parents when the respondent (woman) indulged in an affair with her brother-in-law during the time she was married with the petitioner (man)," the judge said. The court's order came on the plea of an Amritsar resident seeking custody of his children living with their mother here in Delhi. She had got married in November 2002, but divorced her husband in March 2010. She later married the husband of her late sister. The man accused his former wife of having extra-marital relation with her late sister's husband. The woman, however, had denied all allegations. The judge, however, said such incidents can leave an indelible mark on the children's minds and it would not be in their welfare. "Children of such an age form their own understanding of such situations which leave an indelible mark on their mind. Such atmosphere most certainly would not be in the interest and welfare of the minor children," the court said. During cross examination, the woman told the court there was likelihood that she might bear children to her second husband. To this, the court agreed with the man's apprehensions that in case she bears children from her second husband then his son and daughter would stand neglected. It also noted that the man's son was studying in class I in 2009 when they were living together in Amritsar but after coming to Delhi, the woman has admitted the child in lower KG, causing him loss of three academic years. "The woman has not taken care of the education of the boy. Losing three years of academic life at this age are extremely crucial. She has neglected the education of her children. Education of the other child (daughter) is yet to commence. Her academic future cannot be left to be jeopardised at the hands of the woman," the judge said. It also noted that the woman's second husband was staying in Mumbai and that he had not yet taken the woman and children there. PTI