Father Living with Second Wife Without Divorce Not Entitled to Child Custody: Chhattisgarh High Court

The Chhattisgarh High Court has held that a father cohabiting with a second woman without obtaining a divorce from his first wife is not entitled to custody of his child.

The Court emphasised that the paramount consideration in custody disputes is the welfare of the child, which outweighs the financial capacity or personal circumstances of the parent.

It noted that the father’s conduct in maintaining a second relationship without legally dissolving the first marriage adversely impacts his moral fitness for custody.

Accordingly, the High Court declined the father’s plea for custody, reinforcing that child welfare is the guiding principle in such matters.

[Laxmikant Joshi v. Lokeshwari @ Parmeshwari & Anr.]