New Delhi:
In a significant order, the Delhi High Court has directed the Centre to take a policy decision within three months on whether visa extensions given to foreigners married to Indian nationals can also be granted to those in live-in relationship with Indians.
Hearing a petition by an Uzbekistan national, Justice Rajiv Sahai Endlaw said the visa extension guidelines meant for foreigners married to Indian citizens could also be extended to foreign nationals in live-in relationships with Indians, just like provisions of the Domestic Violence (DV) Act were applicable to women in live-in relationships.
"The respondents (Union of India and Foreigners Registration Office) to within three months hereof take a policy decision whether to extend the benefit of extension of visa as presently available to foreigners married to Indian nationals also to foreigners in a live-in relationship with Indian nationals..," the court said.
"I am of the view that just like a need was felt to extend the benefit of DV Act also to women in live-in relationships in the nature of marriage, there is a need to extend the benefit of the Rule/Guideline providing for extension of visa of foreigners married to an Indian national to foreigners though not married but in a live-in relationship," Justice Endlaw said.
The direction came during hearing of plea filed by a Uzbekistan national, who sought extension of her visa along with those of her two kids to enable them to stay in India with her live-in-partner, an Indian national.
She also sought direction against the authorities for issuing letters in December 2012 and January 2014 asking her to leave the country.
As per the petition, she was in a live-in relationship with the man after he had visited Uzbekistan. Thereafter, they came to India in 2012 on a single Entry Tourist Visa dated August 24, 2012 for a period of one month.
Later she applied for extension of their (her and her kids) visas, which was denied because she was not able to produce any proof of marriage.
However, under an interim order passed by the Delhi High Court in February 2013, which continues to be in force, coercive measures of deporting them from India were stayed.
They have thus continued to live in Delhi.