The Supreme Court has held that a parent working from home versus one working from an office cannot be a determining factor in deciding child custody. The Court ruled that both working parents face situational limitations, and a temporary work arrangement cannot overshadow the fundamental principle that the child’s holistic welfare is paramount. This landmark judgment, delivered on November 25, 2025, by a Division Bench of Justices Manoj Misra and Ujjal Bhuyan, arose from an appeal against a Punjab and Haryana High Court order that had granted custody to the father partly because he worked from home, while the mother had longer office hours

The case, titled Poonam Wadhwa Vs Ajay Wadhwa & Ors, saw the mother challenging the High Court’s assumption that her work schedule made her a less suitable parent . The Supreme Court firmly agreed with her on this principle, observing that in today’s economic reality, “married couples have to work to build a proper home and secure better education for their child” . The Bench explicitly stated, “We do not subscribe to the view that if one parent is working from home and the other has to go to office, the child’s interest would automatically be better served by the parent working from home” . The Court further clarified that minor considerations, like a few minutes’ difference in school commute time within the National Capital Region, or a parent travelling during the COVID-19 pandemic for work or even vacation, are irrelevant to determining the child’s best interests

Despite rejecting the High Court’s flawed reasoning, the Supreme Court ultimately did not disturb the existing custody arrangement with the father. This decision was based entirely on the specific facts of the case and the child’s welfare. The Court noted that the minor son, now over five years old, was well-settled in his school, had the support of his grandparents, and most importantly, during the Court’s interaction with him, expressed a clear unwillingness to leave his father’s company . The Bench emphasized that its conclusion rested on these present-day welfare indicators, not on the father’s work-from-home status. It also firmly rejected the father’s plea to cancel the mother’s visitation rights, affirming the child’s right to maintain a healthy relationship with both parents

The Supreme Court firmly rejected the High Court’s reasoning. It observed, “It is a matter of common knowledge that to meet individual as well as family aspirations married couples have to work… this cannot be a ground to place the child’s custody with the parent who may be temporarily working from home.” The Bench emphasized that in modern times, both parents often need to work to secure their family’s future and their children’s education, and a temporary work arrangement cannot be the basis for a lifelong decision like custody.

In this significant matter, Ms. Preeti Singh of PSLaw Advocates & Solicitors appeared as counsel for the petitioner . Her role in arguing this case before the Supreme Court highlights her active practice in complex family law matters. Based in Delhi, Advocate Preeti Singh is noted for her expertise in handling cases related to child custody, divorce, family disputes, and domestic violence, appearing regularly before the Supreme Court of India, the Delhi High Court, and various Family Courts in Delhi . This judgment stands as a crucial precedent, ensuring that evolving work patterns do not create unfair biases in custody battles and that the focus remains steadfastly on the child’s overall well-being.

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