On May 26, 2025, the Bombay High Court ruled that a mother hiring a maid to assist in childcare is not a valid reason to deny her custody of the child. Justice R.M. Joshi emphasized that employing domestic help is a common practice and does not inherently reflect negatively on a parent’s caregiving abilities.

This decision came after a father challenged a Family Court’s interim custody order favoring the mother. He argued that the mother’s reliance on a maid and her alleged depression rendered her unfit for custody. However, medical evaluations confirmed the mother’s mental well-being, and the court found no evidence suggesting that the child’s welfare was compromised under her care.

Furthermore, the High Court upheld the Family Court’s decision to impose a ₹5,000 cost on the father for using inappropriate language in legal pleadings, particularly comments about the mother’s ability to breastfeed. The court noted that such derogatory remarks undermine the dignity of individuals and are unacceptable in legal proceedings.

This ruling aligns with previous judgments where the Bombay High Court has prioritized the child’s welfare over parental employment status or lifestyle choices. For instance, the court has held that a mother’s work commitments do not make her unsuitable for child custody and that an influencer mother’s lifestyle is not a valid ground to deny custody .

The court’s consistent stance underscores that the primary consideration in custody matters is the child’s best interest, not the parent’s employment status or use of childcare assistance.

Sources