Punjab & Haryana HC Directs Union To 'Most Sympathetically' Consider Plea Of Pakistan-Born Minor Staying With Divorced Indian Mother

The Punjab & Haryana High Court has directed the Union Government to decide representation for the extension of stay of a 5-year-old Pakistan-born girl who is currently staying with her mother in India. The mother got married to a Pakistani citizen in 2019 but later got divorced and returned to India.

The minor girl was born in Pakistan and is, therefore, a Pakistani citizen. The girl's father was making an effort for the custody; however, the child, being young, wanted to stay with her mother in India.

Justice Kuldeep Tiwari said, "Considering the peculiar circumstances of the instant matter, this Court deems it apt to pass a mandamus upon respondent no.1-UOI, to consider the representation (supra), most sympathetically, and pass an apt order in accordance with law, preferably, within a period of 03 months from today."

The plea was filed by a minor girl through her mother for a mandamus upon the competent authority, including the Union Government, to consider her representation, where she made a request for an extension of stay in India.

The "peculiar facts" of the case were that the petitioner's mother, who is a citizen of India, solemnised marriage with a Pakistani citizen as per Muslim rituals and ceremonies on 14.02.2019. Thereupon, she went to Pakistan along with her husband, however, she did not surrender her Indian citizenship, and to date, she was an Indian citizen.

However, the marriage remained unsuccessful, and the father of the petitioner (minor), divorced her mother as per Mohammadan Law, and the mother of the present petitioner, along with the child, came back to India.

Since the minor girl was born in Pakistan, she is now a Pakistani citizen. However, the petitioner being only a 5-year-old child, was unable to survive without her mother.

"Now the father of the present petitioner, who is a Pakistan citizen, and is residing in Pakistan, is now making efforts to get the custody of the present petitioner (minor)," the Court noted.

The Court noted that the representation to extend the stay was filed on 31 January 2025 but "the representation (supra), till date has not been decided by the authority concerned."

While directing the Union to decide the representation in 3 months, the plea was disposed of.

Mr. Mohd.Salim, Advocate, for the petitioner.

Mr.Pardeep Bajaj, DAG, Punjab for respondents no.2 and 3.

Mr. Satya Pal Jain, Additional Solicitor General of India with Ms. Sangeeta Srivastava, Advocate, for respondents no.1 & 4-UOI.

Title: XXXX v. UOI