Mohtashem Billah Malik v. Sana Aftab - Child Custody
Child Custody - In matters of custody, the paramount consideration is the welfare of the children but nonetheless there are a host of other factors which weigh before the court while passing the final order of custody. These host of factors may include the conduct of the parties, their financial capacity, their standard of living, as well as the comfort and education of the children. [Context: In this case, SC noted that the High Court had failed to properly consider the mother’s conduct, the Qatar custody revocation, the contempt order, and the children’s expressed inclination and held: While these aspects may not, by themselves, be the sole reason for determining custody, they are nevertheless necessary and relevant factors, and their cumulative effect was at least relevant for determining the custody arrangement.]
Case Info
Basic Case Details
Case name: Mohtashem Billah Malik v. Sana AftabNeutral citation: Not mentioned in the text provided (only “CIVIL APPEAL NO. OF 2026 (Arising out of S.L.P. (C) No. 28934 of 2025)” appears).
Coram:Justice Pankaj MithalJustice S.V.N. Bhatti
Judgment date: 04 February 2026 (as stated at the end: “NEW DELHI; FEBRUARY 04, 2026”).
Statutes / Laws Referred
The judgment expressly refers to:
- Section 25, Guardians and Wards Act, 1890 (proceedings before the Family Court, Srinagar).
It also refers to:
- Muslim Personal Law (marriage solemnized in accordance with it).
- Contempt jurisdiction of the High Court (through Contempt Petition CCP(D) No.4/2023), though not by section number.
- Orders and decrees of the Family Court, Qatar (including divorce and custody/guardianship orders).
Brief Summary (Three Sentences)
This case concerns the custody of two minor sons born to Indian parents who lived in Qatar, where a Qatari court had granted the mother custody and the father guardianship after mutual-divorce proceedings. The mother removed the children from Qatar to Srinagar mid-academic session without the father’s consent, later violating an undertaking before the Jammu & Kashmir High Court to return to Qatar with the children, which led to revocation of her custody by the Qatar court, contempt findings against her, and conflicting orders between the Family Court (granting custody to the father) and the High Court (restoring custody to the mother). The Supreme Court held that the High Court had failed to properly consider the mother’s conduct, the Qatar custody revocation, the contempt order, and the children’s expressed inclination, set aside the High Court’s judgment, and remanded the matter for fresh consideration within four months.
