Mohtashem Billah Malik vs Sana Aftab

ik-28712247 Supreme Court of India 4 February 2026 • 12 min read

Practice Areas

Guardians and Wards Act, 1890

Judges (2)

Pankaj Mithal Delivered S.V.N. Bhatti Coram

Parties (2)

Mohtashem Billah Malik Appellant Sana Aftab Respondent

Case Significance

Mohtashem Billah Malik vs Sana Aftab is a Supreme Court of India decision dated February 4, 2026 (citation: ik-28712247). International child custody dispute between an Indian couple divorced in Qatar, concerning two minor sons. The wife traveled to India with the children without the husband's consent during the academic session. The Supreme Court set aside the High Court's custody order and remanded the matter for fresh consideration, noting the HC had ignored critical factors including the children's expressed wishes and the Qatar court's custody arrangements. The bench comprised Justices Pankaj Mithal and S.V.N. Bhatti. The judgment was delivered by Justice Pankaj Mithal.

Summary

International child custody dispute between an Indian couple divorced in Qatar, concerning two minor sons. The wife traveled to India with the children without the husband's consent during the academic session. The Supreme Court set aside the High Court's custody order and remanded the matter for fresh consideration, noting the HC had ignored critical factors including the children's expressed wishes and the Qatar court's custody arrangements.

What was the outcome of Mohtashem Billah Malik vs Sana Aftab?

International child custody dispute between an Indian couple divorced in Qatar, concerning two minor sons. The wife traveled to India with the children without the husband's consent during the academi...

Statutes Cited

Guardians and Wards Act, 1890
s 25

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-28712247)