In Brief
A custody dispute between Indian parents, married under Muslim Personal Law and formerly resident in Qatar, concerning their two minor sons. The father sought custody after the mother unilaterally brought the children to India during the school year in 2022 without consent or proper documentation. The Qatar court subsequently revoked the mother's custody order due to her misconduct. The High Court restored custody to the mother, emphasizing child welfare alone. The Supreme Court held that while child welfare is paramount, courts must also consider material contextual factors including parental conduct, breach of court undertakings, foreign custody revocation, educational impact, and children's expressed preference. The judgment was set aside and remanded for reconsideration.
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