Case Note & Summary
The Supreme Court heard an appeal challenging the High Court judgment that set aside the Family Court order granting custody of two minor sons to their father. The parents, both Indian citizens married under Muslim Personal Law, had divorced in Qatar where they resided. The Qatar court initially granted custody to the mother with guardianship to the father. The mother brought the children to India without the father's consent during the academic session, violating a High Court undertaking to return to Qatar. The Qatar court subsequently revoked her custody. The Family Court granted custody to the father, but the High Court reversed this decision. The Supreme Court found that the mother's actions disrupted the children's education and violated court orders, and that the father's custody would better serve the children's welfare. The Court restored the Family Court order granting custody to the father.
Headnote
The Supreme Court allowed the appeal and set aside the High Court judgment dated 08.09.2025 -- The Court restored the Family Court order dated 02.01.2025 granting custody of the two minor sons to the appellant-father -- The Court held that the welfare of the child is the paramount consideration in custody matters under Section 25 of the Guardians and Wards Act, 1890 -- The respondent-mother had violated her undertaking to the High Court to return to Qatar with the children -- The mother removed the children from Qatar during their academic session without the father's consent -- The children's education suffered as they were not enrolled in any school for approximately two years -- The Qatar court had revoked the mother's custody order on 31.10.2023 -- The mother was found guilty of contempt of court for violating her undertaking -- The Court emphasized that a parent cannot take advantage of their own wrongdoing in custody disputes
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Issue of Consideration: The Issue of Consideration was whether the High Court erred in setting aside the Family Court order granting custody to the father and restoring custody to the mother, particularly in light of the mother's violation of court undertakings and the children's educational disruption
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Final Decision
The Supreme Court allowed the appeal, set aside the High Court judgment dated 08.09.2025, and restored the Family Court order dated 02.01.2025 granting custody of the two minor sons to the appellant-father
Civil Appeal No. of 2026 (Arising out of S.L.P. (C) No. 28934 of 2025)
PANKAJ MITHAL J. , S.V.N. BHATTI J.
Ms. Meenakshi Arora, Mr. Altaf Hussain Naik
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Nature of Litigation: Civil appeal regarding custody of two minor children
Remedy Sought
Appellant-father sought custody of his two minor sons from the respondent-mother
Filing Reason
The father appealed against the High Court judgment that set aside the Family Court order granting him custody
Previous Decisions
Qatar Family Court granted divorce and initial custody to mother with guardianship to father on 29.03.2022 -- High Court disposed of LPA based on mother's undertaking to return to Qatar on 01.12.2022 -- Qatar court revoked mother's custody on 31.10.2023 -- Contempt Court found mother guilty of violating undertaking on 06.08.2024 -- Family Court granted custody to father on 02.01.2025 -- High Court reversed Family Court order and restored custody to mother on 08.09.2025
Issues
Whether the High Court erred in setting aside the Family Court order granting custody to the father
Whether the mother's violation of court undertakings and disruption of children's education should affect custody determination
What constitutes the welfare of the child in international custody disputes
Submissions/Arguments
The mother removed the children from Qatar during academic session without father's consent
The children's education suffered as they were not in school for approximately two years
The mother violated her undertaking to the High Court to return to Qatar
The Qatar court had revoked the mother's custody order
The mother was found guilty of contempt of court for violating her undertaking
Ratio Decidendi
The welfare of the child is the paramount consideration in custody matters under Section 25 of the Guardians and Wards Act, 1890 -- Courts must consider the child's best interests including education and stability -- A parent cannot benefit from their own wrongdoing in custody disputes -- Violation of court undertakings and disruption of children's education are significant factors against granting custody
Judgment Excerpts
The respondent-wife travelled to India on 17/18.08.2022 by procuring fresh passports for the children
The respondent-wife removed the minors from Qatar to India during their academic session, without the knowledge and consent of the appellant-husband
The respondent-wife failed to keep her undertaking to return to Qatar with the children
The custody order of the minors in favour of the respondent-wife was revoked by the Qatar court on 31.10.2023
The Contempt Court held the respondent-wife guilty of not honouring the commitment given by her to the court
For two years the children were not sent to any school after being removed from Qatar
Procedural History
Marriage on 28.07.2015 in Srinagar under Muslim Personal Law -- Divorce petitions filed in Qatar Family Court in 2021 -- Qatar court granted divorce and custody arrangement on 29.03.2022 -- Mother brought children to India on 17/18.08.2022 -- Father filed Habeas Corpus petition in High Court on 01.12.2022 -- Mother gave undertaking to return to Qatar -- Mother violated undertaking -- Father applied for custody revocation in Qatar court on 31.10.2023 -- Father initiated contempt proceedings in Srinagar on 06.08.2024 -- Father filed custody petition under Section 25 of Guardians and Wards Act, 1890 in Family Court on 02.01.2025 -- Family Court granted custody to father -- High Court reversed Family Court order on 08.09.2025 -- Supreme Court appeal filed
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