Supreme Court of India · 2026-02-04
Mohtashem Billah Malik vs Sana Aftab
- Court
- Supreme Court of India
- Petitioner
- Mohtashem Billah Malik
- Respondent
- Sana Aftab
- Author
- Pankaj Mithal
- Bench
- Pankaj Mithal
Judgment text excerpt
The Supreme Court examined a custody dispute involving minor children born to Indian parents residing in Qatar, with the custody awarded to the respondent-wife following a judicial divorce. The case involved issues of jurisdiction, custody, and guardianship under personal law, considering the welfare of the minors. The court analyzed the legal provisions applicable to custody and guardianship, emphasizing the child's best interests. The judgment underscores the importance of child welfare in custody decisions and affirms the custody award to the mother, with guardianship retained by the father.