Karnataka High Court rescues 3-year-old US citizen at risk of deportation from India

Justice Sachin Shankar Magadum pronounced the order on April 17. (Image enhanced using AI)

The Karnataka High Court was hearing a plea filed by the mother seeking a direction to the authorities to facilitate the issuance of travel documents for her daughter and to enable her to secure a passport from the US Consulate.

“In such a factual situation, this Court cannot remain a silent spectator. The doctrine of parens patriae obligates this court to step in and ensure that the minor child is not rendered stateless in effect or placed in a precarious legal situation owing to the non-cooperation of one parent,” the April 17 order of the Karnataka High Court read.

‘Mother as guardian’

• The Karnataka High Court noted that the daughter is a minor citizen of the United States and is presently in India on a temporary visa with her mother.
• The mother has been granted sole physical custody of the minor child until she attains the age of 6.5 years.
• It was found that the inability to secure a valid passport would not only render her stay in India illegal upon expiry of the authorised period, but may also expose her to coercive consequences, including deportation.
• It was pointed out that it is a settled principle that, in matters concerning the custody and welfare of a minor, the paramount consideration is the minor’s welfare and best interests, not the inter se rights of the parents.
• The Karnataka High Court also noted that the mother, who has been entrusted with sole physical custody during the child’s formative years, is the one ensuring continuous care, protection and compliance with legal requirements.
• The high court mentioned that applying the humane and welfare-centric test, it is held that the insistence on paternal consent must yield to the overriding consideration of the minor’s immediate interests, thereby justifying an arrangement that enables the mother to act decisively in securing the child’s lawful travel and protection.
  The Karnataka High Court directed that the mother act as the guardian of the minor child for the limited purpose of securing travel documentation, in view of the non-cooperation of her father.
• It permitted the mother to approach the US Consulate and seek issuance of an emergency travel document for the child to enable her to exit India and return to the United States.
• The mother is further permitted to initiate and pursue an application for the issuance of a fresh passport on behalf of her daughter before the competent authorities in the United States.

Conduct of father

• It was further emphasised that the conduct of the father in the present case falls markedly short of what is expected of a parent acting in the best interests of the child.
• The Karnataka High Court pointed out that far from facilitating the welfare of the minor, the material placed on record discloses that he has returned the consent form unsigned and thereafter remained unresponsive to repeated communications, fully conscious of the fact that such non-cooperation would impede the issuance of a valid passport and jeopardise the lawful stay and movement of the minor child.
• The Karnataka High Court highlighted that this “deliberate inaction”, in effect, places the child in a position of legal vulnerability, exposing her to the risk of overstaying and its attendant consequences.
• It said that the father’s conduct is not merely passive indifference but operates to the detriment of the minor’s immediate welfare and security.
• The Karnataka High Court held that the conduct is not a mere omission but an act which directly impinges upon the welfare and legal security of the minor child.

Marriage, cruelty, divorce and custody

• The 3-year-old girl’s mother is an Indian citizen holding a valid Green Card of the United States, while the husband and daughter are US citizens.
• The mother claimed that after the child’s birth, she was subjected to cruelty at the hands of her husband, which compelled her to take shelter with her brother in the US.
• In this backdrop, she approached the competent Superior Court in California, which, upon adjudication on merits, passed a custody order coupled with a restraining order in May 2024.
• It was placed on record that the daughter, being a child born in the US, was issued a US passport valid up to April 2030. Subsequently, the marital relationship between the spouses was dissolved by a decree of divorce issued in May 2025.

• She got a divorce with sole physical custody of her minor child until she is 6.5 years old.
• It was also pointed out in the divorce decree that the estranged couple would be sharing the legal custody fifty-fifty.
• While physical custody is concerned with where a child lives and who provides daily care, legal custody pertains to a parent’s right to make major decisions regarding that child’s education, healthcare, and upbringing.
• Lastly, the condition of the divorce also included that the husband would not have any direct or indirect communication or contact with the minor child until she reaches 6.5 years of age.
• On the other hand, the wife was directed not to restrict the child from communicating or meeting with her father or members of his family.

Mother travels to India

• It was also placed on record before the Karnataka High Court that the mother is presently residing in India to take care of her ailing mother, and had secured travel authorisation for her child for a period of 180 days, which is set to expire on April 22.
• It was further added by the mother that the passports of her and her daughter were damaged in November 2024, and she got her passport reissued by the authorities.
• However, the child’s passport required the consent of the father. Initially, he furnished a form of consent, but the same was found to be defective.
• Consequently, the US Consulate, by its endorsement, insisted upon submission of a duly notarised statement of consent.
• Despite repeated requests, the husband allegedly failed to cooperate and has not furnished the requisite notarised consent.
• The communication issued by the US Consulate categorically indicated that in the absence of “a notarised consent form, or a court order granting sole legal custody”, the passport application of the child cannot be processed.
• Aggrieved by the same, the mother approached the Karnataka High Court.