The Madhya Pradesh High Court has ruled that a parent’s right to travel abroad to care for a permanently disabled child is protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty. Setting aside a lower court’s decision, Justice Pavan Kumar Dwivedi granted Gaurav Ahlawat, a Russian citizen currently facing cheating and conspiracy charges in India, permission to travel to Russia to attend to his son’s medical rehabilitation.
In the ruling delivered on June 22, the High Court stated that a father’s plea to care for an ailing child involves constitutional protections that cannot be dismissed in a casual manner. The court authorized Ahlawat to travel to Russia from June 23 to August 16, ordering the temporary release of his passport.
Urgent Medical Treatment Required
Ahlawat’s son suffers from permanent disabilities dating from childhood, including mental retardation, Minimal Cerebral Dysfunction, and Residual Organic Damage with Hypertensive-Hydrocephalic Syndrome in the sub-compensation stage. According to court filings, the child lives in Russia with his mother, and no other family members are available there to assist them.
A Russian medical institution, the LLC Reatsentr Samara Children’s Department of Neurology and Reflexology, prescribed a specialized round of rehabilitation for the child scheduled between June 25 and August 10.
Bail History And Lower Court Refusal
Ahlawat is currently facing prosecution under the Bharatiya Nyaya Sanhita, 2023, specifically Sections 316(5), 318(4), and 61(2), which relate to aggravated criminal breach of trust, cheating involving dishonest inducement, and criminal conspiracy. The High Court noted that the current petition was strictly limited to his travel request and did not address the merits of the criminal case.
After his initial anticipatory bail applications were rejected by lower courts and the High Court, Ahlawat secured interim protection from the Supreme Court of India on September 26, 2025, followed by anticipatory bail on January 23. While the Supreme Court ordered Ahlawat to surrender his passport, it explicitly permitted him to petition the trial court for travel relaxation based on his circumstances.
Ahlawat complied with all bail conditions, surrendering his passport on February 3 and cooperating with investigators. On April 27, the trial court allowed him to make an initial trip to Russia. Ahlawat returned to India within the mandated timeframe and surrendered his passport again on May 11.
However, when Ahlawat requested a second travel period due to his son’s deteriorating health, the trial court rejected his application on May 22. The trial court accepted objections from the investigating officer, who raised concerns that a foreign national might not return for trial, and noted that the child’s illness was a lifelong condition.
High Court Overturns Rejection
Justice Dwivedi ruled that the trial court’s rejection was unjustified because it failed to evaluate the medical evidence presented. The High Court highlighted Ahlawat’s prior compliance with court orders, pointing out that he had returned to India on time during his previous trip.
The High Court also observed that Ahlawat’s ailing father lives in India, which, combined with his previous conduct, significantly reduces any risk of him absconding.
Under the High Court’s directives, Ahlawat must surrender his passport back to the trial court between August 17 and August 18, following his return. He is also required to comply with all other conditions established during his prior overseas travel.
