The Supreme Court on Friday held that merely because a man remarried and is living with second wife’s child, he could not be deprived of the custody of his child as agreed upon.
The judgment is delivered by Justice Kurian Joseph and Justice Sanjay Kishan Kaul.
The bench said, “The second marriage of the appellant cannot be put against him, nor can the factum of the child of his second wife residing with him deprive him of the custody rights of his two children, which has been specifically conferred on him with the consent of respondent No.1.”
“The second wife of the appellant is an educated lady. Merely because the appellant has decided to go ahead in life, and has had a second marriage, it provides no ground whatsoever to deprive him of the custody of the children as agreed upon between the appellant and respondent No.1, especially when he has been looking after the children and has not gone back on any of his commitments.”, the bench added.