US-Based Engineer Faces Legal Ordeal in India Amidst International Child Custody Battle

A 47-year-old Indian-American engineer, who spent a quarter-century building his life in the United States, recently found himself entangled in a harrowing legal web upon returning to India. A resident of San Diego and a Green Card holder employed with HDR Engineering, the man was detained at the Chandigarh International Airport on October 4. His travel was abruptly halted by a Look Out Circular (LOC) issued by the Faridabad Police, stemming from a criminal complaint filed by the father of his former spouse.

High Court Intervenes in LOC Dispute

The Punjab and Haryana High Court has now ordered the withdrawal of the LOC, providing significant relief to the petitioner. Justice Tribhuvan Dahiya, in an order issued on November 3, questioned the police’s aggressive insistence on recording the man’s biometric data. The court observed that such demands, made without a specific mandate from a Magistrate, amounted to a form of “coercion” that had been previously prohibited by a coordinated Bench of the High Court.

Noting that the petitioner had already secured regular bail from a Magistrate and was actively participating in habeas corpus proceedings regarding his children, the court concluded that the continued existence of the LOC was unjustified. The Deputy Commissioner of Police (DCP) in Faridabad has been directed to coordinate with the Ministry of Home Affairs and the Foreigners Regional Registration Office (FRRO) to ensure the circular is removed within 48 hours, clearing the path for the man to return to the US.

A Transnational Custody Conflict

The roots of this legal standoff lie in a fractured marriage that spanned continents. The couple met online in 2019 and married under US laws in 2023. Their twin children, who are US citizens, were born in December of that year. However, the relationship deteriorated shortly after, leading to divorce proceedings initiated in the US in June 2024.

According to the petitioner, his ex-wife left the United States with their children without his consent while custody matters were still sub judice. Despite a US court eventually granting the father sole legal and physical custody of the twins, the mother had already relocated to India. The petitioner subsequently traveled to Chandigarh to pursue a habeas corpus plea to secure his children’s return.

Retaliation Allegations

The criminal case in India, registered at the Sector 8 police station in Faridabad in April 2025, includes charges under various sections of the IPC, including those related to cruelty and criminal conspiracy. The petitioner, who has been cooperating with the investigation via video conference since the case was filed, alleges the FIR is a retaliatory tactic designed to hinder his efforts to regain custody of his children.

Legal counsel for the petitioner, led by Senior Advocate Anil Malhotra, argued that the LOC was being used improperly to coerce the engineer. They emphasized that the forced collection of biometrics violates the fundamental right to privacy as established by the Supreme Court of India.

“An LOC is not a finding of guilt and should not be used as an instrument of harassment,” the defense noted. With the High Court’s intervention, the petitioner now hopes to resolve the custody battle and return to his professional life in California, though the larger legal dispute regarding the children remains a matter for the courts to decide.

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