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2022 Supreme(SC) 634

A. M. KHANWILKAR, C. T. RAVIKUMAR
Rohith Thammana Gowda – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Prabhjit Jauhar, Adv. Mr. S. S. Jauhar, AOR
For the Respondent(s): Mr. Basava Prabhu S. Patil, SR. Adv. Mr. Irfana Nazeer, Adv. Mr. Asif Ahmed, Adv. Ms. Priyanka Vora, Adv. Mr. Siddhant Buxy, AOR

JUDGMENT :

C.T. RAVIKUMAR, J.

1. Leave granted.

2. This appeal is directed against the Judgment and Order dated 07.09.2021 passed by the High Court of Karnataka at Bengaluru in Writ Petition (Habeas Corpus) No. 76 of 2020. The appellant herein filed the said Writ Petition seeking the following main relief:

    “Issue a Writ of Habeas Corpus or any other appropriate writ, order or direction directing the Respondents to secure the minor Aarya Ranjini Rohith, the only child of the Petitioner, aged about 9 years, and produce the minor Aarya Ranjini Rohith before this Hon’ble Court and hand over the custody of the said minor child to the Petitioner who is the father of the minor, so that the child can be taken to the United States of America where he was born and is a citizen of and where he was living and studying in school.”

3. As per the impugned judgment, the High Court rejected the writ petition, but subject to the visitation rights provided, thereunder, to the appellant. It is challenging the same that the above appeal has been preferred. Shorn of details, the case of the appellant may be stated as hereunder:

    “The petitioner has been residing in USA for the past two decades or thereabouts


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