In Mohtashem Billah Malik v. Sana Aftab, the Supreme Court held that while the welfare of the child is paramount in custody disputes, it is not the sole determining factor. The case involved two minor children removed from Qatar to India by their mother without the father’s consent or court approval. The Qatar court later revoked her custody, and the Family Court granted custody to the father. However, the Jammu & Kashmir High Court restored custody to the mother solely on welfare grounds. The Supreme Court set aside the High Court’s judgment, observing that parental conduct, violation of court orders, educational continuity, foreign court decisions, and the child’s preference are all relevant considerations. It held that a parent cannot benefit from wrongful conduct such as contempt or unlawful removal of children. The matter was remanded for fresh adjudication, directing the High Court to undertake a holistic assessment rather than relying exclusively on the welfare principle.