Mumbai: The Bombay high court, in an interim order on Tuesday, ordered the release of a foreign national woman who was detained at the airport for deportation for alleged violation of visa rules.
The woman got married to an Indian national on Dec 24 last year and on their return from abroad on Sunday, the immigration authorities detained her. She was kept in a room since 9.30pm on Jan 5, said her lawyer Armin Wandrewala, who sought quashing of the cancellation of the woman’s Indian e-visa and to restrain the Bureau from deporting her.
She was in the process of applying for a spousal visa and an Overseas Citizen of India (OCI) card. Wandrewala submitted that the woman, even before the wedding, applied to the Foreigners Regional Registration Office (FRRO) and sought an exit permit after disclosing the imminent marriage and that her husband had also informed the authorities of their upcoming marriage.
The woman had also applied for a ‘no objection certificate’ for marriage from her embassy in New Delhi and was granted the necessary nod. D P Singh, the Centre’s counsel, said that she was taken by the immigration authorities on her arrival as she exceeded her stay beyond 90 days in India, contrary to the Indian e-visa conditions. He argued that she did not inform the officials of her marriage. Wandrewala refuted this. She said that, in fact, the petitioner and his wife both informed the authorities of their marriage.
The HC bench of Justices Revati Mohite Dere and Neela Gokhale gave the Centre’s lawyer time until Tuesday as he wanted to produce the rules under which she was detained. At 10.30 amon Tuesday, the bench observed that the detention was unwarranted to continue any further and ordered her release. The reasoned order of the HC will be available later.
