Karnataka High Court Allows Issuance Of Travel Documents For Deportation Of Russian Woman, Her Children Found Living In Gokarna Cave

The Karnataka High Court on Friday permitted the Union of India to issue necessary travel documents to enable a mother and her children, who were found living in a cave in the state's Uttara Kannada district (Gokarna), to travel back to Russia.

Justice B M Shyam Prasad disposed of the petition filed by Dror Shlomo Goldstein, who claims to be the father of the children and had approached the court seeking to restrain the government from proceeding with the "sudden deportation" of his minor daughters from India to any other country.

Additional Solicitor General Aravind Kamath brought to the notice of the court that on receipt of a DNA report of the child, it was communicated to the concerned person in the Russian Government, which is the nation of the mother and the child. Following this, the Russian Government issued emergency travel documents (ETD) for further action.

It was also stated that ETDs are of very short validity (September 25 to October 9) and thus, it requested the issuance of exit permits and enabling the departure of the mother and children from India as soon as possible.

Further, it was pointed out that the mother had travelled on a Russian Passport and she has overstayed, and it is also the Union's case that she has gone out of India to return again with limited travel permission.

Advocate Beena P K for the petitioner relied on the UN Convention On Rights of Children, and submitted that the high court must examine whether respondents are acting in the best interest of the two minor children.

Further, she submitted that the petitioner is responsible for the second child, and he has been looking after both the mother and the two children and providing for their well-being for a long time.

In reply ASG said, “It would be open to the Union to deport any person who has overstayed but in the present case the sending back of mother and children cannot be termed as deportation as it would only amount to recognising the interest of the mother in travel back to the place of her country with her children.”

The bench noted that the lady with two children was found in an isolated cave in the forest of Gokarna. It said “It is undisputed that just three were in the cave in an isolated environment without any facilities.”

Further it said “At the outset this court must observe that this question (raised by petitioner) is presented for the consideration of the petitioner who cannot explain the circumstance under which the mother and the two children were in an isolated cave. The action for rehabilitation of the mother and children is by the authorities once they were found. This court must opine that it would only be just and reasonable to examine the children's best interest in the backdrop of this. Apart from the other circumstances that could be peculiar to the parties concerned.”

The bench noted that all the details had been disclosed to the Russian Government from where the woman and child have traveled on permits but overstayed.

Following this it held “If these two circumstances are compelling for this court to conclude that this would be in the best interest of the children, the other circumstances which is also significant is the imploration by the mother herself to travel back to Russia with the children that has resulted in a response by the Russian Government for return of these three as early as possible.”

It concluded “These circumstances all weigh, every other assertion that could be and ends the petitioners stand disposed off. Observing that it would be in the domain of the Union of India to issue necessary documents to enable the mother and the children to travel back.”

Case Title: Dror Shlomo Goldstein AND Union of India & Others

Case No: WP 22042/2025

Citation No: 2025 LiveLaw (Kar) 321

Appearance: Advocate Beena P K for Petitioner.

ASG Aravind Kamath for Respondent.

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