Leave India Notice: Delhi HC Grants Interim Relief To Pakistani Woman Married To Indian Citizen

The bench comprising the Chief Justice Rajendra Menon and Justice Anup Jairam Bhambhani directed the authorities not to take any coercive action against her till March 25^th.

"However, she shall report to the nearest police station every alternate day at 11:00 a.m. Appellant No.2 shall not be kept waiting in the police station on any visit for more than one hour.", the bench added.

The lady, who is a citizen of Pakistan, had married Mohd Javed, an Indian Citizen, and has two children studying in Delhi Schools. She has been residing in India on the basis of a long-term visa issued to her in the year 2015.

The couple had approached the Delhi High Court challenging the Leave India Notice.

The single bench presided by Justice Vibhu Bakru had dismissed their plea observing that the lady does not have any right to reside in India, since the matter of granting visa is at the discretion of the Government of India. The judge had observed:

"This Court has also perused inputs available with the respondents and is unable to accept that the impugned order is wholly arbitrary or without any basis. As noticed above, petitioner no.2 is unable to establish any right to reside in India. In this view, this Court is unable to grant the relief as sought for."

Challenging this order, the couple had approached the Division bench.

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Read Single Bench Order