Adultery cannot be the sole ground to deny custody of child: DHC

The Delhi High Court (DHC), while dealing with the cross-appeals filed by the husband & wife against the order granting joint-custody of the children passed by the family court, has held that any adulterous relationship of either of the spouse, cannot be the sole determining factor to deny a child’s custody, unless, it is proved that the adulterous relationship is detrimental to the welfare of the child. The DHC further noted that, points for consideration in divorce proceedings & custody matter might be co-related, but are always mutually exclusive.