Supreme Court Upholds Father's Custody of Minor Son in Wadhwa Case

Welfare of the child remains paramount as Supreme Court dismisses appeal by mother seeking custody.

In a significant ruling, the Supreme Court of India has upheld the custody of a minor child with his father, Ajay Wadhwa, dismissing the appeal filed by the mother, Poonam Wadhwa. The judgment, rendered on November 25, 2025, emphasizes that the welfare of the child is the paramount consideration in custody matters.

The case arose from a dispute between Poonam Wadhwa and Ajay Wadhwa, concerning the custody of their son, Arjun Wadhwa. Originally, the lower court had granted custody to the mother when Arjun was under five years of age. However, as the child crossed the age of five, the High Court of Punjab and Haryana revised the custody arrangement, favoring the father.

The Supreme Court's decision came after careful consideration of the circumstances, including the child's preferences and the familial environment. The court noted that Arjun, who had been attending Heritage School, expressed a desire to remain with his father. The presence of elder family members in the father's home, including Arjun's grandfather, also contributed to a supportive environment for the child.

While addressing concerns raised by the appellant, the court highlighted that factors such as a parent's working arrangements or travel distance to school should not be the sole determinants in custody decisions. The court acknowledged the realities faced by working parents, recognizing that employment obligations, whether home-based or office-based, should not inherently disadvantage a parent in custody considerations.

The court also dismissed the argument that the mother's professional travel during the COVID-19 period constituted irresponsible conduct. It stated that such travel, especially if job-related and conducted with due precautions, should not adversely affect custody decisions.

Despite the appellant's concerns about the separation of siblings, with Arjun's sister residing with the mother, the court maintained that Arjun's welfare was best served by remaining with his father. The decision preserves the mother's visitation rights, allowing her to maintain a relationship with her son as per the court's prior orders.

In conclusion, the Supreme Court's judgment underscores the principle that the child's welfare is of utmost importance, transcending logistical and professional considerations of the parents. The court has left open the possibility for the mother to seek custody through appropriate legal channels in the future, ensuring that the child's best interests continue to be the guiding force in custody matters.

Bottom Line:

Custody of minor child - Welfare of the child is paramount consideration - Parent's work type, travel distance to school, or temporary absence for professional reasons should not solely determine custody.

Statutory provision(s): Custody of minor child.

Poonam Wadhwa v. Ajay Wadhwa, (SC) : Law Finder Doc Id # 2817232