Custody · 28 April 2026
Child Custody Retained with Father; Working Mother Residing in PG Without Support System Declined Custody
High Court of Punjab and Haryana
The working mother, who lived in paying guest (PG) accommodation without an extended family support system or dedicated care arrangements during work hours, sought custody of the minor child. The father lived in a multi-room family home with extended relatives and caregiver support.
The High Court held that child custody cannot be determined mechanically based on parental gender. Where a working mother resides in paying guest accommodation without an established caregiving support system, the paramount welfare of the child is best served by retaining custody with the father who provides a stable family environment.
Relevant provisions: Guardians and Wards Act, 1890 / Hindu Minority and Guardianship Act, 1956
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