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Karnataka High Court Allows Russian Mother and Two Children to Return Home, Rejects Custody Plea

Shivam Y.

Karnataka High Court allows Russian mother and two daughters to return home, dismissing custody plea; court cites best interests of children. - Mr. Dror Shlomo Goldstein v. Union of India & Others

Karnataka High Court Allows Russian Mother and Two Children to Return Home, Rejects Custody Plea

The Karnataka High Court on Friday closed a dramatic petition filed by an Israeli national, who sought custody of two minor girls and challenged what he described as their "sudden deportation." The case drew attention because the children and their mother, a Russian citizen, were discovered living in a cave near Gokarna earlier this year.

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Background

The unusual story began on July 9, when Gokarna police found a Russian woman and her two young daughters living in isolation in a cave. With no proper facilities or documents for one of the children, the trio was shifted to a Foreigners Restriction Centre in Tumakuru. Officials later confirmed through DNA tests that both children were hers.

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The Union of India told the court that the woman had overstayed her visa multiple times and was under surveillance. Following the discovery, the Russian Consulate in Chennai stepped in, issuing emergency travel documents (ETDs) on September 25 to facilitate their return to Russia. These papers were valid only until October 9, creating a narrow window for action.

Court's Observations

Justice B.M. Shyam Prasad, who heard the matter, first noted the "peculiar" facts. He remarked that the petitioner, Dror Shlomo Goldstein, failed to explain why the mother and the children were in such dire circumstances.

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The bench also recorded the mother's own words, taken from an email to the authorities:

"We wish to just go back to Russia as soon as possible… request you with folded hands to permit us to repatriate."

While the petitioner's counsel argued that deportation would harm the children’s best interests and cited India’s obligations under the UN Convention on the Rights of the Child, the government side stressed that the move could not be treated as deportation. Instead, they said, it was a humanitarian return, backed by the mother herself and coordinated with the Russian government.

"The Russian Consulate has issued ETDs with limited validity," observed the court, adding that the situation called for urgency and sensitivity.

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Decision

After weighing the submissions, the High Court concluded that the children's welfare lay in returning with their mother to Russia. Justice Shyam Prasad underlined that the combination of the mother's explicit request and the Russian Consulate’s intervention outweighed other claims.

In the order, the judge stated:

"The petition stands disposed of observing that it would be within the Union of India’s domain to issue necessary documents to enable the mother and the children to travel to Russia."

With that, the custody plea was effectively closed, and the path cleared for their early repatriation.

Case Title: Mr. Dror Shlomo Goldstein v. Union of India & Others

Case Number: Writ Petition No. 22042 of 2025 (GM-RES)

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