An adulterous spouse is not equivalent to an incompetent parent and an extramarital affair of a person cannot be the sole determining factor to deny them custody of a child, the Delhi High Court has ruled. The high court said points for consideration in divorce proceedings and custody matters may be co-related but they are always 'mutually exclusive.' 

A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said even when adultery by a parent has been proved, it cannot disentitle him or her of the custody of children unless there is something more to prove that such adulterous act has affected the welfare of the children.