784 [2022]REPORTS

SUPREME COURT 4 S.C.R. 784 [2022] 4 S.C.R.

A ROHITH THAMMANA GOWDA

v.
STATE OF KARNATAKA & ORS.
(Civil Appeal Nos. 4987 of 2022)
B JULY 29, 2022
[A. M. KHANWILKAR AND C. T. RAVIKUMAR, JJ.]
Child and Family welfare – Custody of minor child – Appellant
(Husband) and respondent no.3 (Wife) shifted to US from India
and presently are holders of Permanent US Resident Cards – Their
C
child was born in USA in the year 2011 and till 2020 he was living
there – Conflicts and confrontation occurred in connubial
relationship – The appellant came to India on 27.02.2020 in India
to attend his ailing mother – On 03.03.2020, respondent no.3 came
to India and brought the child with herself, without the consent of
D the appellant – Upon reaching back to USA, appellant initiated
several legal proceedings in the USA for the custody of the minor
child – In India, appellant filed the writ petition before the High
Court for the custody of the child, so that child can be taken to the
USA where he was born – High Court after interacting with the
child and considering other relevant consideration, concluded that
E
the child feels comfortable and secured in the custody of his mother
and thereafter rejected the writ petition of the appellant – Hence,
the appellant approached the Supreme Court against the judgment
of High Court – Held: There is difference between ‘the wish/desire
of the child’ which can be ascertained through interaction and ‘the
F best interest of the child’ which is a matter to be decided by the
Court taking into account all the relevant circumstances – In cases
of custody of child the welfare of the child should be of paramount
interest – In the instant case, child is a naturalised US citizen thus
he will have better avenues and prospects in his native country –
Further, he was living and studying there for nearly a decade and
G
considering entire facts and circumstances and the environment in
which the child had born, his return to US would be in his best
interest – High Court have not considered the above factors –
Custody of the child given to appellant – Judgement of High Court
was set aside – Directions issued regarding the smooth return of
H child to USA.
784
ROHITH THAMMANA GOWDA v. STATE OF KARNATAKA & 785
ORS.

Disposing of the appeal, the Court A

HELD:1. In a matter involving the question of custody of a
child it has to be borne in mind that the question ‘what is the
wish/desire of the child’ is different and distinct from the question
‘what would be in the best interest of the child’. Certainly, the
wish/desire of the child can be ascertained through interaction B
but then, the question as to ‘what would be in the best interest of
the child’ is a matter to be decided by the court taking into account
all the relevant circumstances. [Para 8][790-G-H; 791-A]
2. To answer the question of jurisdiction, in Ravi Chandran’s
case, this Court took note of the actual role of the High Courts in C
the matter of examination of cases involving claim of custody of a
minor based on the principle of parens patriae jurisdiction
considering the fact that it is the minor who is within the
jurisdiction of the court. Based on such consideration it was held
that even while considering Habeas Corpus writ petition qua a
minor, in a given case, the High Courts may direct for return of D
the child or decline to change the custody of the child taking into
account the attending facts and circumstances as also the settled
legal position. [Paras 9 and 10][792-A-B]
3. The child in question is a boy, now around 11 years and a
naturalised US citizen with an American passport and his parents E
viz., the appellant and respondent No.3 are holders of Permanent
US Resident Cards. These aspects were not given due attention.
Merely because he was brought to India by the mother on
03.03.2020 and got him admitted in a school and that he is now
feeling comfortable with schooling and stay in Bengaluru could F
not have been taken as factors for considering the welfare of the
boy aged 11 years born and lived nearly for a decade in USA.
Taking into account the entire facts and circumstances and the
environment in which the child had born and was brought up for
about a decade coupled with the fact that he is a naturalised
American citizen, his return to America would be in his best G
interest. In this case it is also to be noted that on two occasions
American courts ordered to return the child to USA. True that
the first order to that effect was vacated at the instance of

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786 SUPREME COURT REPORTS [2022] 4 S.C.R.

A respondent No.3. However, taking into account all aspects, this

court was of the view that it was not a fit case where courts in
India should refuse to acknowledge the orders of the US Courts
directing return of the minor child to the appellant keeping in
view the best interests of the child. In this court’s view a
consideration on the point of view of the welfare of the child would
B
only support the order for the return of the child to his native
country viz., USA. For, the child is a naturalised American citizen
with American passport. He has been brought up in the social
and culture value milieu of USA and, therefore, accustomed to
the lifestyle, language, custom, rules and regulations of his native
C country viz., USA. Further, he will have better avenues and
prospects if he returns to USA, being a naturalised American
citizen. [Para 16][795-C-H; 796-A]
4. This Court issued the following further directions:

D 1. Respondent No.3 shall ensure that the child returns

back to United States of America forthwith. In that
regard respondent No.3 as well as the appellant,
whoever is in possession of the American passport
of the child in question, shall do the needful in
accordance with the law to enable the child’s return
E to his native country viz., USA;
2. Respondent No.3 and the appellant shall take
necessary action to get the child relieved from the
present school and also to get him admitted in any
school in USA where the appellant is presently
F residing, without causing much interruption to his
studies;
3. Respondent No.3, if she wants to accompany the
child and stay back in USA will be at liberty to do
so. If she requires arrangement of accommodation
G
for herself and her parents in USA she may intimate
her desire in that regard to the appellant. Upon such
intimation in writing the appellant shall forthwith do
the needful to honour the assurance given to this
Court, as noted above, so as to enable respondent
H
ROHITH THAMMANA GOWDA v. STATE OF KARNATAKA & 787
ORS.

No.3 and her parents, as the case may be, to A

accompany the child and also to stay back in USA
provided they fulfil the necessary legal formalities
for their travel and stay in USA;
4. All necessary legal formalities to enable the child’s
smooth return to USA shall be taken by respondent B
No.3 and the appellant expeditiously at any rate
within a period of two months so that there will be
minimum interruption in pursuing the studies of the
child. [Para 18][796-D-H]
Nithya Anand Raghawan v. State (NCT of Delhi) & Anr. C
(2017) 8 SCC 454 : [2017] 7 SCR 281; V. Ravi
Chandran v. Union of India (2010) 1 SCC 174 : [2009]
15 SCR 960 – relied on.
Dhanwanti Joshi v. Madhav Unde (1998) 1 SCC 112 :
[1997] 5 Suppl. SCR 30 – referred to. D

Mckee v. Mckee (1951) AC 352 – referred to.

Case Law Reference
[2017] 7 SCR 281 relied on Para 9 E
[2009] 15 SCR 960 relied on Para 9
[1997] 5 Suppl. SCR 30 referred to Para 10
CIVIL ORIGINAL JURISDICTION: Civil Appeal No. 4987 of
2022. F

From the Judgment and Order dated 07.09.2021 of the High Court
of Karnataka at Bengaluru in Writ Petition No. 76 of 2020.
Prabhjit Jauhar, Ms. Tulika Bhatnagar, S. S. Jauhar, Advs. for the
Appellant. G
Basava Prabhu S. Patil, Sr. Adv., Ms. Irfana Nazeer, Siddhant
Buxy, Asif Ahmed, Ms. Priyanka Vora, Advs. for the Respondents.

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788 SUPREME COURT REPORTS [2022] 4 S.C.R.

A The Judgment of the Court was delivered by

C. T. RAVIKUMAR, J.
1. Leave granted.
2. This appeal is directed against the Judgment and Order dated
B 07.09.2021 passed by the High Court of Karnataka at Bengaluru in Writ
Petition (Habeas Corpus) No.76 of 2020. The appellant herein filed the
said Writ Petition seeking the following main relief:
“Issue a Writ of Habeas Corpus or any other appropriate
writ, order or direction directing the Respondents to secure the
C minor Aarya Ranjini Rohith, the only child of the Petitioner, aged
about 9 years, and produce the minor Aarya Ranjini Rohith before
this Hon’ble Court and hand over the custody of the said minor
child to the Petitioner who is the father of the minor, so that the
child can be taken to the United States of America where he was
born and is a citizen of and where he was living and studying in
D school”.
3. As per the impugned judgment, the High Court rejected the
writ petition, but subject to the visitation rights provided, thereunder, to
the appellant. It is challenging the same that the above appeal has been
preferred. Shorn of details, the case of the appellant may be stated as
E hereunder:
“The petitioner has been residing in USA for the past two
decades or thereabouts. On 19.03.2008 the marriage between
him and Respondent No.3 was conducted as per Hindu rites and
ceremonies at Bengaluru. Soon after the marriage they shifted to
F USA and made it their matrimonial home. Both of them applied
for Green Card (officially known as Permanent Resident Card)
and obtained the same on 07.09.2010. It makes them entitled to
live and work permanently in USA. On 03.02.2011 their son Aarya
Ranjani Rohith was born in Washington, USA and he is a
naturalised American Citizen with an American Passport. The
G
child was studying in the Third Standard in the Christa McAuliffe
Elementary School in Washington School District during the year
2019-20.”
4. Conflicts and confrontation occurred in the connubial
relationship and they ultimately culminated in the incident which is the
H
ROHITH THAMMANA GOWDA v. STATE OF KARNATAKA & 789
ORS. [C. T. RAVIKUMAR, J.]

genesis of this proceeding. According to the appellant, on 03.03.2020, A

Respondent No.3 came to Bengaluru in India with the child, without his
consent. At that time, the appellant was already in India to attend his
ailing mother viz., from 27.02.2020 till 09.03.2020. Upon reaching USA
he realized that the child was missing from the matrimonial home. He
made initial enquiries at the school, in vain, and thereupon lodged a
B
complaint with the Office of Children’s Issues, USA, alleging that the
child was kidnapped by respondent No.3-wife. Later, in the evening he
could contact his father-in-law in India and on being informed of the
availability of his wife and minor child at home in Bengaluru he withdrew
the said complaint on 11.03.2020. Subsequently, he filed the Habeas
Corpus writ petition before High Court of Karnataka at Bengaluru in C
September, 2020. He has also filed a Custody Petition in the Superior
Court of Washington, County of King, on 22.1.2020 and obtained an ex-
parte order dated 26.10.2020. The respondent was directed to return
the child to the United States. On 29.10.2020 respondent No.3 participated
in the proceedings before the US Court and moved a motion for vacating
D
the ex-parte order. Consequently, the ex-parte order to return the child
was vacated. Later, respondent No.3 filed a petition challenging the
jurisdiction of the US Court and as per order dated 15.01.2020 the US
Court upheld its jurisdiction over the minor child. Still later, she herself
invoked the jurisdiction of the Superior Court of the State of Washington
In and For King County, seeking temporary orders of child support and E
spousal support as also for appointment of a parenting evaluator. The
US Court passed an order on 09.03.2021 granting her spousal support of
$5000 USD per month subject to conditions. The US Court also passed
an order directing her to return the child to US. Earlier, respondent No.3
filed a custody petition bearing G & W No.246/2020 before the Family
F
Court Bengaluru. It was dismissed as being not maintainable for want of
jurisdiction under Section 9 of the Guardians and Wards Act, 1890. (Now,
the matter is pending before the High Court of Karnataka in Civil Revision
Petition No. 318/2021). According to the appellant, in the circumstances
only the US Courts got jurisdiction to decide the question of custody of
the minor child. The contention of the appellant is that the High Court G
had ignored the orders of the US Court and also failed to take a proper
decision on the question as to what would be in the best interest of the
child. The appellant has taken up contentions and also produced documents
in a bid to establish the affinity and affection of the child towards him, in
this proceeding. Obviously, his attempt is to establish that for the interest
of the child, the child should return to US. H
790 SUPREME COURT REPORTS [2022] 4 S.C.R.

A 5. Respondent No.3 resisted the contentions of the appellant.

Before the High Court she contended that though the child was brought
to India without the appellant’s consent subsequently she was permitted
to have the custody of the child by the appellant himself as also by the
US Courts. In support of the contention that the appellant had given
consent for keeping the child in her custody she relied on an e-mail sent
B
by the appellant herein on 15.03.2020. The fact is that the child is now,
admitted in a school in Bengaluru and he is now pursuing his studies
there. Obviously, respondent No.3 had raised the contentions before the
High Court to establish that the child was not in illegal or unlawful custody
and therefore, the appellant is not entitled to the prayer sought for and
C on the contrary, she is entitled to continue with the custody of the minor
child.
6. A bare perusal of the impugned order would reveal that the
High Court, as per the impugned order, rejected the contentions of the
appellant that the child is in unlawful custody and respondent No.3 has
D been continuing with the custody of child in derogation of the orders of
the US Courts to return the child to USA. The impugned judgment would
reveal that the court had interacted with the child in the chambers and
ascertained as to whether he was staying with the mother under
compulsion. Paragraph 85 of the impugned judgment would reflect what
had transpired during such interaction. It would reveal that the child had
E expressed his desire to stay with his mother and further informed that he
was comfortable in the school and studying in the school for the past one
year. He had also divulged the fact that he was not facing any difficulty
in his schooling as also in his stay at Bengaluru. On an analysis of the
rival contentions and the facts mentioned in paragraph 85 the High Court
F came to the conclusion that the child is comfortable and feels secured in
the custody of his mother in Bengaluru. Ultimately, the High Court rejected
the writ petition, but subject to the visitation rights, specifically mentioned
in paragraphs 89 to 93 therein. In this circumstances, present appeal has
been preferred assailing the judgment of the High Court dated 07.09.2021.
G 7. Heard the learned counsel appearing for the appellant and also
the learned counsel appearing for respondent No.3.
8. At the outset we may state that in a matter involving the question
of custody of a child it has to be borne in mind that the question ‘what is
the wish/desire of the child’ is different and distinct from the question
H ‘what would be in the best interest of the child’. Certainly, the wish/
ROHITH THAMMANA GOWDA v. STATE OF KARNATAKA & 791
ORS. [C. T. RAVIKUMAR, J.]

desire of the child can be ascertained through interaction but then, the A
question as to ‘what would be in the best interest of the child’ is a matter
to be decided by the court taking into account all the relevant
circumstances. When couples are at loggerheads and wanted to part
their ways as parthian shot they may level extreme allegations against
each other so as to depict the other unworthy to have the custody of the
B
child. In the circumstances, we are of the view that for considering the
claim for custody of a minor child, unless very serious, proven conduct
which should make one of them unworthy to claim for custody of the
child concerned, the question can and shall be decided solely looking into
the question as to, ‘what would be the best interest of the child concerned’.
In other words, welfare of the child should be the paramount consideration. C
In that view of the matter we think it absolutely unnecessary to discuss
and deal with all the contentions and allegations in their respective
pleadings and affidavits.
9. To answer the stated question and also on the question of
jurisdiction we do not think it necessary to conduct a deep survey on the D
authorities. This Court in Nithya Anand Raghawan Vs. State (NCT
of Delhi) & Anr. [(2017) 8 SCC 454], reiterated the principle laid in
V. Ravi Chandran Vs. Union of India [(2010) 1 SCC 174] and further
held thus :-
“In exercise of summary jurisdiction, the court must be
E
satisfied and of the opinion that the proceedings instituted
before it was in close proximity and filed promptly after the
child was removed from his/her native state and brought
within its territorial jurisdiction, the child has not gained roots
here and further that it will be in the child’s welfare to return
to his native state because of the difference in language spoken F
or social customs and contacts to which he/she has been
accustomed or such other tangible reasons. In such a case
the court need not resort to an elaborate inquiry into the merits
of the paramount welfare of the child but leave that inquiry
to the foreign court by directing return of the child. Be it noted
G
that in exceptional cases the court can still refuse to issue
direction to return the child to the native state and more
particularly in spite of a pre-existing order of the foreign court
in that behalf, if it is satisfied that the child’s return may expose
him to a grave risk of harm”.
(Emphasis added) H
792 SUPREME COURT REPORTS [2022] 4 S.C.R.

A 10. In Ravi Chandran’s case (supra), this Court took note of the
actual role of the High Courts in the matter of examination of cases
involving claim of custody of a minor based on the principle of parens
patriae jurisdiction considering the fact that it is the minor who is within
the jurisdiction of the court. Based on such consideration it was held that
even while considering Habeas Corpus writ petition qua a minor, in a
B
given case, the High Courts may direct for return of the child or decline
to change the custody of the child taking into account the attending facts
and circumstances as also the settled legal position. In Nitya Anand’s
case this Court had also referred to the decision in Dhanwanti Joshi
Vs. Madhav Unde [(1998) 1 SCC 112] which in turn was rendered
C after referring to the decision of the Privy Council in Mckee Vs. Mckee
[(1951) AC 352]. In Mckee’s case the Privy Council held that the
order of the foreign court would yield to the welfare and that the comity
of courts demanded not its enforcement, but its grave consideration.
Though, India is not a signatory to Hague Convention of 1980, on the
“Civil Aspects of International Child Abduction”, this Court, virtually,
D
imbibing the true spirit of the principle of parens patriae jurisdiction,
went on to hold in Nithya Anand Raghavan’s case thus:
“40. ... As regards the non-Convention countries, the law is that
the court in the country to which the child has been removed must
consider the question on merits bearing the welfare of the child as
E of paramount importance and reckon the order of the foreign court
as only a factor to be taken into consideration, unless the court
thinks it fit to exercise summary jurisdiction in the interests of the
child and its prompt return is for its welfare. In exercise of
summary jurisdiction, the court must be satisfied and of the opinion
F that the proceeding instituted before it was in close proximity and
filed promptly after the child was removed from his/her native
state and brought within its territorial jurisdiction, the child has not
gained roots here and further that it will be in the child’s welfare
to return to his native state because of the difference in language
spoken or social customs and contacts to which he/she has been
G accustomed or such other tangible reasons. In such a case the
court need not resort to an elaborate inquiry into the merits of the
paramount welfare of the child but leave that inquiry to the foreign
court by directing return of the child. Be it noted that in exceptional
cases the court can still refuse to issue direction to return the
H child to the native state and more particularly in spite of a pre-
ROHITH THAMMANA GOWDA v. STATE OF KARNATAKA & 793
ORS. [C. T. RAVIKUMAR, J.]

existing order of the foreign court in that behalf, if it is satisfied A

that the child’s return may expose him to a grave risk of harm.
This means that the courts in India, within whose jurisdiction the
minor has been brought must “ordinarily” consider the question
on merits, bearing in mind the welfare of the child as of paramount
importance whilst reckoning the pre-existing order of the foreign
B
court if any as only one of the factors and not get fixated therewith.
In either situation – be it a summary inquiry or an elaborate inquiry
– the welfare of the child is of paramount consideration. Thus,
while examining the issue the courts in India are free to decline
the relief of return of the child brought within its jurisdiction, if it is
satisfied that the child is now settled in its new environment or if C
it would expose the child to physical or psychological harm or
otherwise place the child in an intolerable position or if the child is
quite mature an objects to its return. We are in respectful agreement
with the aforementioned exposition.”
11. Having taken note of the position thus settled in the said D
decisions we will now consider the question whether such an exercise
had been undertaken properly in this case. This is because in this case
foreign Court, as noted above, passed orders for the return of the child
to USA. There is nothing on record to show that such an order passed
on the second occasion was also vacated subsequently. True that the
first order to that effect passed on 26.10.2020 was subsequently vacated E
at the instance of the third respondent on 30.10.2020. However, going
by the records the subsequent order passed in March 2021 Superior
Court of Washington, County of King for the return of the child owing to
non-compliance led to further order for contempt on 29.4.2021. The
High Court, obviously, observed that though the U.S Court subsequently F
suspended the order of spousal support did not pass any order regarding
the custody of the child and hence, custody of the child is continuing
with respondent No.3. We have referred to those aspects solely for the
purpose of pointing out that the High Court was aware of the existence
of order for the return of the child by the US Court.
G
12. Be that as it may, we will now consider the question whether
consideration was bestowed by the High Court in the matter in terms of
the position settled by this Court in the aforementioned decisions i.e., by
giving predominant importance to the welfare of the child. A scanning of
the impugned judgment would reveal that the High Court had rightly
H
794 SUPREME COURT REPORTS [2022] 4 S.C.R.

A identified the vital aspect that paramount consideration should be given

to the welfare of the child while considering the matter.
13. We have stated earlier that the question ‘what is the wish/
desire of the child’ can be ascertained through interaction, but then, the
question as to ‘what would be the best interest of the child’ is a matter to
B be decided by the court taking into account all the relevant circumstances.
A careful scrutiny of the impugned judgment would, however, reveal
that even after identifying the said question rightly the High Court had
swayed away from the said point and entered into consideration of certain
aspects not relevant for the said purpose. We will explain the raison
d’etre for the said remark.
C
14. The High Court, after taking note of the various proceedings
initiated by the appellant before the US Courts formed an opinion that he
had initiated such proceedings only with an intention to enhance his chance
of success in the Habeas Corpus Writ Petition and to pre-empt any
move by the wife (respondent No.3) for custody by approaching the
D Indian Courts. In other words, the initiation of proceedings before the
US Court was motivated and definitely not in good faith and was also
not in the best interests of the son. In this context, it is relevant to note
that US Court concerned had, admittedly, ordered for the return of the
child and owing to the non-compliance with the said order initiated action
E for contempt. The spousal support order passed by the US Court was
also suspended for the reason of non-compliance with the order for
return of the child. When US Court was moved and the court had passed
orders the above mentioned observation can only be regarded as one
made at a premature stage and it was absolutely uncalled for and it
virtually affected the process of consideration of the issue finally. When
F the US Court passed such orders and not orders on the custody of the
child it ought not to have been taken as permission for respondent No.3
to keep the custody of the child. At any rate, after the order for return of
the child and orders for contempt such a plea of the respondent No.3
ought not to have been entertained.
G 15. Considering the fact that the marriage between the appellant
and respondent No.3 was conducted in Bengaluru in accordance with
Hindu rites and ceremonies, the High Court held that the US Courts got
no jurisdiction to entertain any dispute arising out of the marriage. This
conclusion was arrived at without taking into account the efficacy of the
H order passed by the US Court. It was not strictly for the return of
ROHITH THAMMANA GOWDA v. STATE OF KARNATAKA & 795
ORS. [C. T. RAVIKUMAR, J.]

respondent No.3 but was an order intending to facilitate the return of a A

naturalised citizen of America holding an American Passport. Paragraph
85 of the impugned judgment would reveal that the High Court had
enquired about the desire and comfort of the child with respect to his
schooling and stay during the interaction. The court found that the child
expressed no difficulty in his schooling or his stay in Bengaluru and
B
ultimately satisfied that the child is comfortable and secure with staying
with his mother.
16. The child in question is a boy, now around 11 years and a
naturalised US citizen with an American passport and his parents viz.,
the appellant and respondent No.3 are holders of Permanent US Resident
Cards. These aspects were not given due attention. So also, the fact C
that child in question was born in USA on 03.02.2011 and till the year
2020 he was living and studying there, was also not given due weight
while considering question of welfare of the child. Merely because he
was brought to India by the mother on 03.03.2020 and got him admitted
in a school and that he is now feeling comfortable with schooling and D
stay in Bengaluru could not have been taken as factors for considering
the welfare of the boy aged 11 years born and lived nearly for a decade
in USA. The very fact that he is a naturalised citizen of US with American
passport and on that account he might, in all probability, have good avenues
and prospects in the country where he is a citizen. This crucial aspect
has not been appreciated at all. In our view, taking into account the E
entire facts and circumstances and the environment in which the child
had born and was brought up for about a decade coupled with the fact
that he is a naturalised American citizen, his return to America would be
in his best interest. In this case it is also to be noted that on two occasions
American courts ordered to return the child to USA. True that the first F
order to that effect was vacated at the instance of respondent No.3.
However, taking into account all aspects, we are of the view that it is not
a fit case where courts in India should refuse to acknowledge the orders
of the US Courts directing return of the minor child to the appellant
keeping in view the best interests of the child. In our view, a consideration
on the point of view of the welfare of the child would only support the G
order for the return of the child to his native country viz., USA. For, the
child is a naturalised American citizen with American passport. He has
been brought up in the social and culture value milieu of USA and,
therefore, accustomed to the lifestyle, language, custom, rules and
regulations of his native country viz., USA. Further, he will have better H
796 SUPREME COURT REPORTS [2022] 4 S.C.R.

A avenues and prospects if he returns to USA, being a naturalised American

citizen.
17. In this case during the course of the arguments the learned
counsel for the appellant on behalf of the appellant submitted that in
case respondent No.3 wants to return and stay in US with her parents
B so as to have proximity to and opportunity to take care of the child the
appellant is prepared to do the needful, if the respondent No.3 so desires.
It is further submitted that the appellant is also prepared to find suitable
accommodation for them in that regard.
18. In the light of the above discussion, we allow the appeal and
C the impugned judgment passed by the High Court in Writ Petition (Habeas
Corpus) No.76/2020 is set aside. Consequently, the writ petition stands
allowed and we issue following further directions:
(i) Respondent No.3 shall ensure that the child returns back to
United States of America forthwith. In that regard respondent No.3 as
D well as the appellant, whoever is in possession of the American passport
of the child in question, shall do the needful in accordance with the law
to enable the child’s return to his native country viz., USA;
(ii) Respondent No.3 and the appellant shall take necessary action
to get the child relieved from the present school and also to get him
E admitted in any school in USA where the appellant is presently residing,
without causing much interruption to his studies;
(iii) Respondent No.3, if she wants to accompany the child and
stay back in USA will be at liberty to do so. If she requires arrangement
of accommodation for herself and her parents in USA she may intimate
F her desire in that regard to the appellant. Upon such intimation in writing
the appellant shall forthwith do the needful to honour the assurance given
to this Court, as noted above, so as to enable respondent No.3 and her
parents, as the case may be, to accompany the child and also to stay
back in USA provided they fulfil the necessary legal formalities for their
travel and stay in USA;
G
(iv) All necessary legal formalities to enable the child’s smooth
return to USA shall be taken by respondent No.3 and the appellant
expeditiously at any rate within a period of two months so that there will
be minimum interruption in pursuing the studies of the child.

H
ROHITH THAMMANA GOWDA v. STATE OF KARNATAKA & 797
ORS. [C. T. RAVIKUMAR, J.]

19. We also make it clear that if respondent No.3 requires custody A

or visitation rights of the child, she may do so by invoking the jurisdiction
of appropriate forum in USA. Further, the observations made in this
judgment shall not come in the way of respondent No.3, as the stated
proceedings will have to proceed independently.
20. There will be no order as to costs. B
21. The appeal is disposed of as above.
22. All pending applications are disposed of.

Ankit Gyan Appeal disposed of. C

(Assisted by : Aarsh Choudhary, LCRA)