SC Rejects Work-From-Home as Decisive Factor in Custody Battles, Prioritizes Child's Welfare
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In a landmark ruling, the Supreme Court has held that working from home or traveling to the office cannot be the sole determining factor in custody cases. The top court emphasized that contemporary family dynamics, with both parents often working to provide a stable future for their children, must be taken into account. The court stated that physical presence at home during work hours does not automatically translate to better care or welfare. Instead, custody decisions should prioritize the child's emotional well-being, considering factors such as emotional bonding, comfort levels, stability, and the child's wishes. The ruling came in response to a plea filed by a woman challenging a Punjab and Haryana high court order transferring custody of her minor son to his father. The Supreme Court held that no interference was warranted, citing the child's expressed unwillingness to part from his father and his settled environment. The court disapproved of the high court's reliance on factors such as the father's physical presence at home and the mother's travel abroad during the Covid-19 period. The bench noted that even vacation travel, if undertaken responsibly, cannot be considered irresponsible. Ultimately, the Supreme Court's decision underscores the importance of considering the unique circumstances of each case, rather than relying on simplistic criteria. The ruling aims to prioritize the child's welfare and promote a more nuanced understanding of family dynamics in the modern era.