Karnataka High Court: In a civil writ petition filed by an Israeli citizen, seeking a direction against the deportation of Russian mother and his two minor daughters, who were found living in isolated caves of Gokarna Forest, a Single-Judge Bench of B M Shyam Prasad, J., noted the compelling circumstances, including the mother’s overstay, the family being found without resources in an isolated cave, the mother’s express desire for repatriation, the issuance of Emergency Travel Documents (‘ETDs’) by the Russian Consulate and the petitioner’s lack of explanation as to the circumstances of the mother and the children being found in isolated caves. The Court disposed of the petition holding that it was in the best interest of the children to go back to Russia.
Background
The mother, a Russian citizen, and her two minor daughters were discovered by the Gokarna Police in an isolated cave in the forests of Gokarna in Karnataka on 09-07-2025. It was undisputed that they were residing in the cave without any facilities. The mother had travelled on a Russian Passport, had gone out of India only to return with a limited travel permission, and had overstayed her permission. Following their discovery, they were lodged in the Foreigners Restriction Centre for Women (‘Centre’) under the aegis of the Foreigners Regional Registration Office (‘FRRO’). Further, since, the younger child lacked travel documents, a DNA test was conducted, which confirmed the child’s maternity.
The Petitioner, an Israeli citizen and the father of the two children, asserted that he was responsible for the second child and had been providing for the well-being of the mother and both children for a long time, yet they were inexplicably found in the isolated cave.
Upon communication with the Russian Consulate [the Consulate General of the Russian Federation in Chennai] in recognition of its responsibilities, issued ETDs for the mother and children on 25-09-2025, valid until 09-10-2025. Concurrently, the mother communicated her request to the FRRO, stating that she and her minor daughters were restricted to the four walls of the Centre since 14-07-2025, were not used to the food, and wished to just go back to Russia as soon as possible. The Russian Consulate, citing the short validity of the ETDs, also requested the issuance of Exit Permits to enable their departure from India at the earliest. Aggrieved by the potential repatriation or sudden deportation, the petitioner filed the writ petition seeking release of the children into his custody and to prevent their movement to any other country.
Analysis and Decision
The Court after perusing through the submissions of both the parties, observed that the question to be considered is,
“Whether, if there is a decision to issue Exit Permits to enable the mother and the children to travel back to Russia in terms of the ETDs [which provide only a small window], would that be contrary to the children’s best interests?”
The Court observed the question of the children’s best interest must be examined in the highly unusual backdrop that the mother and the two children were found in an isolated cave without the Petitioner being able to offer a satisfactory explanation for their circumstances.
The Court further observed that the mother and the elder child had travelled from Russia and the younger child being born in Goa, has overstayed and the Russian Government, in recognition of its own responsibilities, has issued the ETDs requesting the FRRO to ensure Exit Permits are issued and arrangements are made for their travel back to Russia as early as possible. Further, the mother, through her communication, unequivocally stated her desire to return to Russia with her children. The Court observed that these circumstances were compelling and overweighed every other assertion made by the petitioner.
The Court held that it would be in the children’s best interests to return to Russia and disposed of the petition. The Court observed that it was within the domain of the Union of India to issue necessary documents to enable the mother and the children to travel to Russia.
[Dror Shlomo Goldstein v. Union of India, Writ Petition No. 22042 of 2025, decided on 26-09-2025]
Advocates who appeared in this case:
For the Petitioner: Beena P K, Advocate
For the Respondents: Aravind Kamath, ASG a/w Aditya Singh, CGC, Rahul Cariappa, AGA