ROHITH THAMMANA GOWDA versus STATE OF KARNATAKA & ORS.

ROHITH THAMMANA GOWDA versus STATE OF KARNATAKA & ORS.

The Supreme Court set aside the High Court judgment and ordered return of the child to the United States, holding that the welfare of the child (a naturalised US citizen born and brought up in the US for about a decade) required return to his native country; the High Court had failed to give due weight to the child’s nationality, upbringing and the US court orders directing return, and therefore the best interests of the child supported custody being given to the appellant (father) and the child’s return to the USA.

Parties
Appellant: Rohith Thammana Gowda; Respondent: State of Karnataka & Ors.; Wife / Respondent: Respondent No.3; Minor Child: Aarya Ranjini Rohith
Jurisdiction
India
Judgment Date
29 July 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment (habeas Corpus Writ Petition)
Outcome
Appeal allowed; impugned High Court judgment set aside; custody awarded to the appellant and direction issued for the child’s return to the United States of America.
Legal Topics
Child Custody, Habeas Corpus, Parens Patriae Jurisdiction, Recognition of Foreign Court Orders, Best Interests of the Child
Child and Family Welfare Private International Law Family Law Child Custody Habeas Corpus Parens Patriae Jurisdiction Recognition of Foreign Court Orders Best Interests of the Child

Case Brief

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Parties

Rohith Thammana Gowda

Appellant

State of Karnataka & Ors.

Respondent

Respondent No.3

Wife / Respondent

Aarya Ranjini Rohith

Minor Child

Procedural Posture

Civil Appeal / Appeal From High Court Judgment (habeas Corpus Writ Petition)

Legal Issues

  1. 1 Whether the welfare/best interest of the child requires return of the child to the United States of America despite the child expressing a wish to remain in India
  2. 2 Whether Indian courts should give effect to or decline to enforce/act contrary to pre-existing orders of foreign courts in child custody matters
  3. 3 Jurisdiction of Indian courts to decide custody when the child is within their territorial jurisdiction

Ratio Decidendi

The Supreme Court set aside the High Court judgment and ordered return of the child to the United States, holding that the welfare of the child (a naturalised US citizen born and brought up in the US for about a decade) required return to his native country; the High Court had failed to give due weight to the child’s nationality, upbringing and the US court orders directing return, and therefore the best interests of the child supported custody being given to the appellant (father) and the child’s return to the USA.

Court Disposition

Appeal allowed; impugned High Court judgment set aside; custody awarded to the appellant and direction issued for the child’s return to the United States of America.

Orders

  • Respondent No.3 shall ensure that the child returns back to the United States of America forthwith; respondent No.3 and the appellant, whoever is in possession of the child’s American passport, shall do the needful in accordance with law to enable the child’s return to USA.
  • Respondent No.3 and the appellant shall take necessary action to get the child relieved from the present school in India and to get him admitted in a school in the USA where the appellant is presently residing, without causing much interruption to his studies.