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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
YARENJUNGLA LONGKUMER
Prakash Fakira Dhanore, Son Of Fakira Chiman Dhanore – Appellant
Versus
Sushmita Bora, D/o. Sri Uttam Chandra Bora, W/o. Sri Prakash Fakira Dhanore – Respondent
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 afte
The welfare of the child is the paramount consideration in custody disputes, with habeas corpus requiring proof of illegal custody and availability of remedies, which were absent in this case.
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Parental abduction undermines custody orders; courts prioritize the child's welfare over legal contingencies.
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