RAKTIMA KHANUM Vs. UNION OF INDIA MINISTRY OF HOME AFFAIRS FOREIGNERS DIVISION MAJOR DHYAN CHAND NATIONAL STADIUM NEAR PRAGATI MAIDAN NEW DELHI

JUDGEMENT

(1.) The petitioner is before this Court calling in question issuance of an exit permit to the petitioner which would result in deportation of the petitioner to Bangladesh.

(2.) Facts adumbrated are as follows:- The petitioner is a Bangladeshi national, born and brought up there. Through social media it transpires, the 4th respondent comes in contact with the petitioner, after which, it is the averment that the petitioner came twice to meet respondent No.4 on her own expenses in July and August 2017 from Bangaldesh, once at Kolkata and again at Chennai. The two then, fall in love. The petitioner marries the 4th respondent on 25/12/2017. It is claimed by the petitioner, that the 4th respondent converted himself to Islam, on falling in love and subsequent marriage. After the marriage, it is the averment in the petition that the couple lived in Chennai. The relationship between the two flounders. On the said floundering of the relationship, the petitioner had to go back to Bangaldesh, as the tourist visa under which she was staying in India expired. Several other averments are made in the petition, which are not germane for consideration of the lis. It would suffice, if the narration is fast forwarded to 1/3/2019 when the petitioner applies for a visa conversion before the 2nd respondent/Foreigners Regional Registration Office ('FRRO' for short). The tourist visa was then converted into entry visa (X-2), which is a dependent visa. This was to be valid from 1/3/2019 to 29/2/2020. On the expiry of the said visa, in the month of February 2020, the petitioner applies for extension of visa and the FRRO extends the visa from 22/2/2022 to 21/8/2022 for a period of six months, with an observation that the petitioner is married to an Indian and permission is granted, only on that score.

(3.) The said visa expired on 20/8/2022. A letter for extension was submitted to the FRRO and the FRRO extended the visa from 22/8/2022 to 21/6/2023. After the expiry of the period of visa i.e., on 21/6/2023, extension was sought by the petitioner. It is here the FRRO begins to demand certain documents for the petitioner's stay in India. One such document that was demanded was an undertaking/consent from sponsors/parents/spouse in support of her stay in India, as she was on X-2 visa, a dependent visa. The request of the petitioner was not considered initially on the score that the documents did not bear the consent of the husband. After non-consideration of extension of visa, an exit permit is issued against the petitioner, to leave India or she would be deported as there was no valid visa for her to stay in the country. It is this development that has driven the petitioner, to this Court in the subject petition.