Work-from-home alone can’t decide child custody, welfare prevails: SC

Work-from-home alone can’t decide child custody, welfare prevails: SC

In Poonam Wadhwa v. Ajay Wadhwa & Ors., the Supreme Court reiterated that a parent’s work-from-home status alone cannot determine child custody, as the paramount consideration is the welfare of the child. The Court held that working from home does not automatically make one parent better suited, since both parents may need to work to support the family. Factors such as distance from the child’s school in metropolitan areas and a parent’s travel during the Covid-19 period were found to be irrelevant or non-decisive. The Court placed significant weight on the child’s preference, stability, and settled environment, noting that the minor son was comfortable living with his father and enjoyed support from the extended family. While acknowledging the importance of maintaining sibling bonds, the Court held that it could not override the child’s present emotional security and routine. Upholding the High Court’s decision granting custody to the father, the Supreme Court refused to interfere, but also protected the mother’s visitation rights, emphasizing that custody arrangements can be revisited before the Family Court if circumstances materially change.