Supreme Court of India

Mohtashem Billah Malik v. Sana Aftab

Neutral citation
Reported as [2026] 2 S.C.R. 352
Bench Pankaj Mithal and S.V.N. Bhatti JJ.
Decided 4 February 2026

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid facts and circumstances, we are of the opinion that the impugned judgement and order dated 08.09.2025 passed by the High Court of Jammu & Kashmir and Ladakh cannot be sustained in law and is liable to be set aside.

Judgment, page 10

From the headnote

Issue for Consideration Matter pertains to the dispute regarding the custody of two minor sons born to the appellant-husband and the respondent-wife. Headnotes† Guardians and Wards Act, 1890 – s.25 – Custody of minors – Appellant-husband and respondent-wife, both Indian citizen married under Muslim Personal Law and shifted to Qatar – Matrimonial dispute between them, culminating in divorce and the custody of the minors given to the wife while guardianship given to the husband by the Qatar court – Allegedly, the wife removed the minors from Qatar to India during their academic session, without

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