HC Objects Russian Woman's Expulsion On Divorce With Indian Man

The Bombay High Court expressed its disapproval of the government's directive to a Russian woman, requiring her to leave India following her divorce from her former Indian husband.

During a hearing on Monday, the Bombay High Court expressed concern over the treatment of a Russian woman who was instructed by the government to leave India following her divorce from her former husband. The court emphasised that a nursing mother should not be separated from her infant child solely based on her nationality.

High Court Objects Russian Woman Expulsion

The woman in question had been married to an Indian citizen and held an X1 visa with Overseas Citizens India (OCI) status. She had a son from her previous marriage, and after the couple's separation, she remarried another Indian citizen and had a 6-month-old daughter with him.

Upon surrendering her OCI card and applying for a new X visa, the woman received an exit notice from the Ministry of Home Affairs through the local police. The notice demanded that she leave the country by March 24, 2023, as she lost her OCI status due to her divorce from her previous husband.

During a previous hearing, the bench had provided relief to the woman by extending the exit date she was initially given. In March 2023, the woman applied for an OCI card and subsequently approached the High Court, seeking a stay on the exit notice served by the Ministry of Home Affairs.

What Centre Said

Advocate Rui Rodrigues, representing the Centre, contended that the order to separate the woman from her child aligned with statutory mandates and would only lead to a temporary separation.

However, the bench, comprising Justices Gautam Patel and Neela Gokhale, criticised the government's stance and urged them to adopt a more compassionate approach towards the woman and her child. The justices emphasised that the government should refrain from interfering in personal relationships and should not let nationalities impede the welfare of a family.

Rodrigues argued that the woman's OCI status necessitated the continuation of her marriage.

Court Questions Centre’s Decision

The bench highlighted the potential adverse impact of the woman's departure on her Indian husband and their child. They questioned the government's choice to impose penalties on its citizens merely for marrying someone of foreign origin.

Justice Patel expressed strong disapproval over the government's decision to penalise its citizens for marrying someone of foreign origin. He criticised the order that required a mother of a six-month-old child to leave the country, separating her from her husband and minor daughter. The bench emphasised that they would not permit any form of temporary separation and urged the authorities to adopt a humane approach towards the woman and her child, disregarding the influence of nationalities in the matter.

The bench highlighted the potential adverse impact of the woman's departure on her Indian husband and their child. They questioned the government's choice to impose penalties on its citizens merely for marrying someone of foreign origin.

Justice Patel expressed strong disapproval over the government's decision to penalise its citizens for marrying someone of foreign origin. He criticised the order that required a mother of a six-month-old child to leave the country, separating her from her husband and minor daughter. The bench emphasised that they would not permit any form of temporary separation and urged the authorities to adopt a humane approach towards the woman and her child, disregarding the influence of nationalities in the matter.

The bench advised Advocate Rui Rodrigues to seek a resolution, emphasising the presence of special circumstances in this particular case. They expressed their disapproval of the government's approach, asserting that the notion of considering all citizens suspect is not acceptable.

Furthermore, the bench highlighted that the petition raises important questions concerning the rights of spouses of foreign OCIs, their entitlement to apply for X-category visas and OCI cards, and the appropriate course of action when a marriage to an Indian citizen is dissolved or annulled.

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