Mumbai man seeks high court aid to get Indian visa for wife in Pakistan

Aamir Kasam Vadgama and his family were visiting their relatives in Karachi in May 2017, when he met Rabiya, and the two decided to get married.

sA Mumbai Central resident has approached the Bombay high court (HC), seeking it to direct the Centre to issue a visa to his wife, a Pakistani national, whose application has not been processed since 2017, when they got married in Karachi.

The HC, while hearing the matter last week, directed the Centre to decide on the time it will take to issue a visa to the woman. (HT File/Representational Image)

The HC, while hearing the matter last week, directed the Centre to decide on the time it will take to issue a visa to the woman. Aamir Kasam Vadgama and his family were visiting their relatives in Karachi in May 2017, when he met Rabiya, and the two decided to get married.

Rabiya then sought a visitor visa to India on May 12, to be with her husband, but her application was not processed for the lack of a sponsorship letter from Aamir. She reapplied with the letter on May 29. However, Rabiya’s visa application has not been processed since, and the Vadgamas claim they have not received any response from the authorities, explaining the delay.

After waiting for a year and consulting lawyers, Aamir filed a petition in HC in September 2018, seeking directions to the Ministry of External Affairs (MEA) to issue a visitor visa to Rabiya, and if it could not be issued, to assign a reason thereof.

The bench of justice Abhay Oka and justice Manoj Sanklecha, last week, said, “We direct the Union of India to make a statement on the next date [of hearing on April 23], if the application for the visitor visa made by the petitioner’s wife is already decided. If it is not decided, within how much time it will be decided?”

The Vadgamas’ lawyer, Ganesh Gole, said that being with his wife was Aamir’s constitutional right. “There is no law that restricts an Indian resident from marrying a Pakistani national. The failure of the Centre to issue a visa to his wife [Rabiya] has prejudiced his [Aamir] rights,” said Gole.

After hearing Gole’s submissions, the bench asked the counsel for the Centre, Mohamedali Chunawala, as to why Rabiya’s application had not been processed.

“I have received an email saying that the issue comes under the Ministry of Home Affairs (MHA) and so it should be impleaded as a party,” said Chunawala.

The judges, however, said, “Whether it is the MoEA or MHA, it did not matter, as he [Chunawala] represented the central government”.