Poonam Wadhwa v. Ajay Wadhwa - Child Custody- Work From Home Parent

Child Custody - Dismissing an appeal filed by a mother, SC observed: When both parents are working parents and, therefore, it is expected that they cannot always be physically with their children. But this cannot be a ground to place the custody of the child with the one who may be temporarily working from home because it is a matter of common knowledge that to meet individual as well as family aspirations married couples have to work to build a proper home and most importantly to secure better education for their ward which is getting costlier day by day. - We do not subscribe to the view that if one parent is working from home and the other not (i.e., has to visit his office for work) then it has to be inferred that child’s interest would be better served if he is placed in the custody of one who does not go to office for work. Likewise, in our view, distance from home to school is not a relevant consideration particularly when both sides reside in National Capital Region and the child is required to travel some distance for better education- Having regard to the fact that the male child is now above five years old and he continues to be in the same school where he was studying earlier and he has no issues with his own father and is not willing to part company of his father, an interference with the order passed by the High Court is not required, particularly in view of the fact that the appellant has visitation rights (Para 13-15)