In custody disputes, the minor's welfare is paramount. Courts will not authorize the removal of a young child from the primary caregiver’s custody for medical reasons if equivalent treatment is accessible locally and such separation risks significant psychological harm to the child’s development.

JUDGMENT :

YARENJUNGLA LONGKUMER, J.

This is an application under Article 227 of the Constitution of India r/w Section 115 of the CPC, challenging the legality of the Order dated 20.02.2025 passed by the learned District Judge, Nagaon in MISC (Guardianship) Case No. 7/2024. By Impugned Order dated 20.02.2025, the learned District Judge, Nagaon has rejected the petition No. 105/2025 arising out of MISC (Guardianship) Case No. 7/2024, whereby the present petitioner was seeking an interim direction for taking his daughter to the USA for three months in order to avail medical treatment.

2. I have heard learned Senior Counsel, Mr. M. Nath assisted by learned counsel, Mr. D. P. Borah for the petitioner and Ms. S. Chakravarty, for the respondent.

3. It is the contention of the petitioner that the marriage between the petitioner and the respondent took place at Nagaon on 07.11.2016 and thereafter, they left for the US and were residing in California. On 07.11.2021, a baby girl namely Ms. Aarna was born to them in the US through IVF process from an unknown donor and the baby is an American citizen. On 03.11.2023, the petitioner along with the respondent and minor daughter came to India and after visiting the parents of the petitioner in Maharashtra, they came to Nagaon, Assam on 21.11.2023 to the paternal house of the respondent. Thereafter, the petitioner left for California, USA leaving behind the respondent and his minor daughter for a few days. It is stated that the minor daughter of the petitioner has been suffering from some ailments which has been diagnosed as Autism by one Dr. Ruth Chee Chan, MD in the US.

4. It is stated that the minor daughter of the petitioner being born in the US is a citizen of the US and she came to India on a tourist VISA for a period of 180 days only w.e.f., 03.11.2023 which has expired on 02.05.2024. The petitioner and the respondent also came to India on Green Cards.

5. Thereafter the petitioner came back to India on 15.04.2024, to take back the respondent and the minor daughter to the US. However, the respondent kept her mobile phone switched off and because of which the attempt of the petitioner to reach out to the respondent and his minor daughter became unsuccessful.

6. It is argued by the Senior Counsel for the petitioner that the minor daughter of the petitioner is suffering from autism and as such, she is required to receive expert medical treatment in the US but, due to non-cooperation of the respondent, it has become impossible for the petitioner to take back the respondent and his minor daughter to the US.

7. It is also stated that the petitioner is earning around 2,00,000/- US Dollars per annum which is sufficient to take care of his daughter. Further, the entire treatment of his daughter is covered by a comprehensive health care insurance in the US and in the event of any unfortunate loss of his life, his daughter would be entitled to receive social security benefits which the petitioner has saved as part of retirement plan amounting to approximately, 2500 US Dollars per month till she attains the age of sixteen years.

8. It is submitted that the petitioner is the fit and proper person to take the custody of the minor daughter being the natural father/guardian, and the respondent does not have any right to keep his minor daughter in India against the petitioner’s wish as the minor daughter travelled to India on a tourist VISA for a period of six months only.

9. Learned Senior Counsel further submits that the petitioner’s minor daughter who is diagnosed with Autism Spectrum Disorder (ASD) is entitled to receive the highes