The husband approached the court for taking the custody of the children.
The couple had disputes during their stay in the US. When they returned to India, the wife asked for Rs. 10 lacs from him to give them to her father. When he showed his unableness to do that, she stopped living with him.
The husband found her affair with a man while working in India. She and that man had been to Kashmir together. She used to spend time with him in a drunken in the evenings and at night.
At the instigation of her sister, she had also filed a criminal case against her husband.
He moved to the US, leaving behind his certificates and other valuables.
His children were with the wife only.
He contended in the court that he is the natural guardian of the children. He had good resources to take care of them. Since she was negligent in taking care of the children, he wanted to take care of them.
He filed for the custody of the children as the conduct of his wife was not good and she indulged in immoral acts.
He had requested the court that she should not leave the court’s jurisdiction and the country. On this, she undertook not to do that. Still, she left the country with the children. On this, the court issued a non-bailable warrant.
Since she did not comply with the order of the court, the court, on the insistence of the husband, did not consider the defence of the wife.
The wife challenged the order of the court in the High Court. The High Court, based on the conduct of the respondent, refused to intervene. She didn’t even appear before the court.
Court agreed that the children were unsafe with the wife, as she had multiple illegal affairs. Court found the situation was not good for the children.
The husband presented the affidavit of the maid. She used to take care of the wife. She revealed the illicit relationship of the wife with many men.
Court noted that she had illegally taken the children out of the jurisdiction, preventing the husband from seeing them.
Court also found that she was a habitual drunkard. It will not be good for the children if the court gives her their custody.
Court gave the custody of the children to the husband. The court directed her to hand over the children to the husband. The non-bailable warrant issued against the wife continued.
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