Shivani Thakur
Published on: April 3 at 20:16 IST
The Gujarat High Court refuse to change the decision of Family Court that denied fathers Plea for the Custody of his two children of age 17 and 12 despite of his wife’s extramarital affair.
Justice Ashokkumar C Joshi considering the Claim of his wife’s extramarital activities concluded that there was no record that suggest that it was unsafe for the children or create danger for their life.
According to Single Judge Bench, there was no sufficient Evidence that claim extramarital affair of Petitioner’s wife. Petitioner had gone to the High Court, claim that the Family Judge had failed to consider extramarital activities of his wife.
Petitioner claim that giving his children Custody to his wife despite of his extramarital affair create danger for his children. He claims that Family Court had failed to take this into consideration.
According to the Court, Petitioner had filed a First Information Report against the Respondent of causing harm and performing obscene actions. As a result, it was not appropriate for her to have Custody of the children.
Supreme Court decision in Shalini Shyam Shetty Vs. Rajendra Shanker Patil, the Court said that in exercising its Superintendence Function, “the High Court could not intervene to remedy merely Legal or Factual Errors or just because another viewpoint was possible”.
Under Article 227, ‘it was examined in depth that Supreme Court has ruled that an Erroneous and frequent use of this power would be Detrimental, Robbing extraordinary power of its Vigor and Energy’.
Justice Joshi stated that a Petition under Article 227 could not be consider as an Appeal.
As a result, the High Court concluded that the Family Judge had not Erred, and the Plea was Rejected.