“A decree of divorce was granted on 9.12.2016. Either parties could re-marry. Custody of both the children was agreed to be with the Appellant. Appellant re-married and there was a biological son of his second wife, borne out of her first wedlock.
We have given deep thought to the matter.
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 the Respondent. 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, especially when he has been looking after the children and has not gone back on any of his commitments.”
– Hon’ble Justice Sanjay Kishan Kaul, Dr. Amit Kumar v. Dr. Sonila, [Civil Appeal No. 10771 of 2018]