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2026 DAILYLAW 26816 (KAR)

SUMEET SUSHEEL WADHWANI v. GOVERNMENT OF INDIA

WP/15913/2026 · 2026-07-06

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33972 WP No. 15913 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15913 OF 2026 (GM-PASS) BETWEEN: SUMEET SUSHEEL WADHWANI AGED ABOUT 47 YEARS S/O SUSHEEL WADWANI RESIDING AT NO. 240, 8TH CROSS GOKULAM 3RD STAGE MYSURU-570 002. …PETITIONER (BY SRI. CHANDAN K. & SRI. AL ARFEEN AHMED., ADVOCATE FOR SMT. INDUSHRI S. RAO., ADVOCATE) AND: 1. GOVERNMENT OF INDIA REPRESENTED BY MINISTRY OF HOME AFFAIRS BUREAU OF IMMIGRATION FOREIGNERS REGIONAL REGISTRATION OFFICER (FRRO) 5TH FLOOR, 'A' BLOCK, TTMC, BMTC BUS STAND BUILDING, K.H. ROAD, SHANTINAGAR, BENGALURU - 560027. 2. UNITED STATES OF AMERICA GENERAL CONSULATE REP BY CONSULATE GENERAL OF UNITED STATES OF AMERICA SERVICE ROAD, GOPALAPURAM CHENNAI-600 086, TAMIL NADU. 3. SMT. PEGAH ZANGENEH NASERI D/O JAHANGIR ZANGENEH ESTRANGED W/O SUMEET SUSHEEL WADWANI AGED ABOUT 42 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33972 WP No. 15913 of 2026 RESIDING AT 7309 EAST SINGINGWOOD DR ANAHEIM CALIFORNIA-92808 UNITED STATES OF AMERICA. TEMPORARILY RESIDING AT NO.7/B, 1ST FLOOR RAMAKRISHNA NAGAR I BLOCK NEAR ORCHID SCHOOL RAMAKRISHNA NAGAR MYSURU-570 022. …RESPONDENTS (BY SRI. ARVIND KAMATH, ASGI A/W SMT. RESHMA K.T., CGSC FOR R1; SRI. RAJESH MOHAN RAI., ADVOCATE FOR SMT. SONIA RAJESH., ADVOCATE FOR R3 V/O/D 26.5.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION IN THE FORM OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 1 AND 2 TO ENTER THE COMPLETE DATA OF THE MINOR WARD MASTER KAIRAV SUMEET WADWANI IN THE IMMIGRATION ALERT DATABASE SYSTEM AND RESTRAIN HIM FROM TRAVELLING TO ANY COUNTRY INCLUDING UNITED STATES OF AMERICA WITH ANY OTHER TEMPORARY PASSPORT EXCEPT THE ORIGINAL PASSPORT/OCIC BEARING ITS NO. A479095 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Respondent No.2 in the above matter is the United States of America General Consulate. The writ petition against the Consulate is not maintainable before this Court. The writ petition insofar as respondent No.2 is concerned stands dismissed. - 3 - HC-KAR NC: 2026:KHC:33972 WP No. 15913 of 2026 2. The petitioner is before this Court seeking for the following reliefs: a. Issue direction in the form of Writ of Mandamus directing the Respondents 1 & 2 to enter the complete data of the minor ward Master Kairav Sumeet Wadwani in the immigration alert database system and restrain him from travelling to any country including United States of America with any other temporary Passport except the original Passport/OCIC bearing its No. A479095. b. Issue direction in the form of Writ of Mandamus directing the Respondents 1 & 2 to issue Lookout Circular/immigration watch alert against unauthorized international travel of the minor child Master Kairav Sumeet Wadwani with anybody including the 3rd Respondent without there being express order/leave of the competent court/Family Court, Mysuru. c. Issue direction in the form of Writ of Mandamus directing the Respondent No.2 not to issue a temporary passport to the minor ward Master Kairav Sumeet Wadwani since the original Passport is in the custody of the Petitioner. d. Pass any such order that may be deemed fit to this Hon'ble Court to meet the ends of justice and equity. 3. By way of the aforesaid prayers, the petitioner seeks a writ of mandamus restraining respondents No.1 and 2 from permitting respondent No.3 to take the minor children out of the country, including to the United States of America. The petitioner also seeks a writ of mandamus directing respondents No.1 and 2 to issue a lookout circular and immigration alert in respect of the minor children and further restraining - 4 - HC-KAR NC: 2026:KHC:33972 WP No. 15913 of 2026 respondent No.2 from issuing a temporary passport to either of the minor children. 4. The submission of Sri.Arvind Kamath, learned ASGI, that the minors are American citizens and that passports have been issued to them by the United States of America, with which the Government of India has nothing to do. 5. Upon enquiry, it is stated that custody proceedings in G&WC No.75 of 2024 are pending before the III Additional Principal Family Judge, Mysore. If that be so, the present parallel proceedings cannot be maintained. 6. Reserving liberty to the petitioner to approach the family Court, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 71