The Bombay High Court issued a ruling against the Central government’s directive to expel a Russian woman from India after her divorce from her Indian husband. The court emphasized the importance of fair treatment, reasonableness, and humanity towards the woman and her infant, stating that nationalities should not interfere with the matter.
The woman, who had an X1 visa with Overseas Citizens of India (OCI) status, was initially married to an Indian citizen. Following her divorce from her first husband, she remarried another Indian citizen, with whom she has a 6-month-old daughter. She surrendered her OCI card and applied for an X visa. However, the Ministry of Home Affairs, through local police, issued an exit notice instructing her to leave the country by March 24, 2023, due to the loss of her OCI status resulting from her previous divorce.
In March 2023, the woman filed a petition with the High Court seeking a stay on the notice regarding her OCI card.
A division bench consisting of Justices GS Patel and Neela Gokhale criticized the Central government for its inhumane treatment of the mother and child. The government’s attorney argued that the separation notice was temporary. However, Justice Patel expressed strong disapproval of the separation, stating that the court would not allow it and urged the government to act justly, sensibly, and compassionately towards the woman and her infant, without letting nationalities hinder their decision.
The attorney representing the Home Ministry defended the order through an affidavit, citing compliance with statutory requirements. He argued that the woman’s OCI status could only be maintained if the marriage persisted, but acknowledged exceptional circumstances warranting consideration for her application for citizenship.
The court acknowledged the unique circumstances of the case and emphasized that the government should not penalize its own citizens for marrying individuals of different nationalities. They highlighted the presence of a mother with a six-month-old infant and firmly stated their refusal to allow the family to be separated.
The Central government’s attorney requested additional time to file a supporting affidavit, but the court urged them to find a solution rather than embellishing the matter. Justice Patel expressed dissatisfaction with the government’s approach, emphasizing that their rules were challenging to comprehend and that they were punishing both the father and the Indian child.
On March 21, the same bench ruled that there was no immediate need for the woman to leave the country and extended the departure date. The date was subsequently extended until the next hearing on August 21. The court also noted that the petition raised additional questions regarding foreign OCI spouses, applications for X category visas and OCI cards, and the procedure for OCI cards and visas when a marriage to an Indian citizen is dissolved or annulled.
