HC relief to ISKCON couple, halts detention of wife over visa dispute

Bombay High Court temporarily halts deportation of Bianca, a foreign national, pending review of her detention related to e-visa overstaying claims.

MUMBAI: The Bombay High Court on Monday temporarily halted the deportation of a foreign national detained by immigration authorities upon her arrival from Vietnam for allegedly overstaying her e-visa. The woman, married to an Indian citizen, contended that she had informed the authorities about her ongoing spouse visa application.

HC relief to ISKCON couple, halts detention of wife over visa dispute

The court will review the legality of her detention on Tuesday. The case involves a petition filed by Yachneet Pushkarna, challenging the detention and deportation of his wife, Bianca. According to Pushkarna, Bianca possesses a valid Indian e-visa with a five-year validity from November 14, 2022, to November 13, 2027. The couple, both followers of ISKCON, were married on December 20, 2024, at the Sri Sri Radha Gopinath Mandir, ISKCON.

Immigration officials detained Bianca upon her return from Vietnam, alleging she had overstayed the 90-day limit specified under her e-visa conditions. However, Pushkarna’s counsel argued that Bianca’s multiple-entry visa permits her to remain in the country, further emphasising that she is in the process of applying for a spouse visa and an Overseas Citizen of India (OCI) card. They also presented her marriage certificate issued by the International Society for Krishna Consciousness and highlighted that Bianca had earlier sought an exit permit from the Foreigners Regional Registration Offices (FRRO), disclosing her marriage.

Advocate DP Singh, representing the Ministry of Home Affairs and the Bureau of Immigration, argued that Bianca had violated her e-visa conditions by exceeding the 90-day stay limit. He also claimed that Bianca failed to inform immigration authorities about her marriage. Singh requested time to produce the relevant rules under which Bianca was blacklisted.

A division bench comprising Justices Revati Mohite Dere and Dr Neela Gokhale directed immigration authorities to temporarily suspend Bianca’s deportation. The bench also instructed officials to produce the application Bianca submitted to the FRRO on Tuesday. The court’s final decision is awaited as it examines the validity of her detention and the conditions of her e-visa.