JUDGMENT

Neena Bansal Krishna, J.

"Adulterous Spouse" is not equivalent to "Incompetent Parent". Points for consideration in Divorce proceedings and custody matters may be co-related but are always mutually exclusive. Any adulterous relationship or extramarital affair of either spouse, cannot be the sole determining factor to deny custody of a child, unless it is proved that the adulterous relationship in itself is pernicious/detrimental/injurious to the welfare of the child.

1. The present Appeals under Section 19 of the Family Courts Act, 1984 read with Section 47 of the Guardians and Wards Act, 1890 (hereinafter referred to as "Act, 1890") has been filed on behalf of the both the parties respectively, against the Judgment and Final Order dated 23.12.2019 passed in GP No. 22/2019 filed by the mother/respondent under Section 25 of the Act, 1890, whereby both the parties have been granted joint custody of the minor children with the shared parenting as provided therein.

2. Briefly stated, the parties got married on 28.11.2004 according to Hindu rites and customs. From their wedlock, two daughters i.e., `S' was born on 17.04.2011 and `A' was born on 19.05.2013. The matrimonial life of t