Bombay HC on Monday has ordered a stay on Russian Women’s deportation by the government. The HC stated that it disapproves the government’s order which asked the women to leave India after her divorce without considering the fact that she has an Infant beside her.
Nursing Mother Should not be Separated from her Infant – says Bombay HC:
The Bombay High Court on Monday has granted an interim relief by ordering a stay on the government’s order to deport a Russian, women who has a 6month, old infant. The bench also stated that a woman and her infant should not be separated solely on the basis of their Nationality.
Petition Filed by the Russian Women who had an OCI Status:
This case came before the Bench consisting of Justice Gautam Patel and Justice Neela Gokhale. This is a petition filed by the Russian Woman and her present Indian Husband who was married to an Indian Citizen and possessed an X1 Visa and had Overseas Citizens India (OCI) status.
Petitioner has Two Children from Previous Marriages:
In the Petitioner’s first marriage with an Indian citizen, she had a son and they got separated before three years. After divorce she married another Indian Citizen, on last November, where she had a daughter who is currently 6 months old.
Women applied for X visa and got served an exit notice:
The Women Surrendered her OCI card and applied for an X visa. In Response, she was served an exit notice from the Ministry of Home Affairs through local police. In the Notice they asked her leave the country by March 24, 2024 as she has lost her OCI status due to her divorce from her previous Indian Husband despite of the fact that she is currently married to an Indian citizen and had a child in the present marriage.
Extended the Exit Date in Previous Hearing:
In the Previous Hearing of this case the court had extended the exit date of the Russian woman.
Woman Applied for OCI card and seeks a stay on the Notice:
The Woman on March of this year had applied for an OCI card and have moved to the HC to seek a stay on the notice received from Ministry of Home Affairs.
“Order was in line with the statutory Requirements, and it is only a temporary separation” – says the Centre:
The Counsel appearing for the Centre is Advocate Rui Rodrigues stated that the order was issued in compliance with all the statutory requirements and it would only result in temporary separation.
The Bench Criticized the Government’s approach:
The Bench criticized the government’s approach in this case and asked them to have a Humane approach towards the mother and her 6 month old infant.
The Bench stated that the government cannot interfere in the personal relations of the family and should not let nationality of the people to be an embargo on the family’s well being.
The Counsel for the Centre stated that the Woman’s OCI status requires the continuation of her marriage.
Woman’s Exit Would Negatively Affect her Children and her Indian Husband:
The HC pointed out that the woman’s exit from the country would create an adverse negative impact on both the husband and her infant. And questioned that government’s decision to penalize its own citizen for marrying a foreign national.
We are asking you to strike a Balance – says Justice Patel:
Justice Patel stated that the Government should strike a balance in this case as the court finds the government’s approach as disproportionate and asked the Centre to find a way out of this genuine case so that they doesn’t run the risk of this case becoming a precedent.
HC Posted the Final Disposal of this case on August 21:
In Yesterday’s Hearing the HC has granted an interim relief for the notice and gave time to the Ministry of Home Affairs to file a reply and posted this case on august 21of 2024 for the final disposal of this case.
