Marriage to Indian citizen does not guarantee visa: Kerala HC dismisses Pakistani woman’s plea
A foreign national, even married to an Indian, has no right to an Indian visa; such entry is subject to law and government policy, not guaranteed by marital status.
A foreign national, even married to an Indian, has no right to an Indian visa; such entry is subject to law and government policy, not guaranteed by marital status.
A foreign national, even married to an Indian, has no right to an Indian visa; such entry is subject to law and government policy, not guaranteed by marital status.
Kochi: A foreign national does not have a vested right to seek an Indian visa merely because she is married to an Indian citizen, the Kerala High Court has held. Justice Bechu Kurian Thomas made the observation while dismissing a petition filed by a couple, including a Pakistani woman, who sought permission for her to enter India to attend her brother-in-law's wedding.
The Pakistani woman, married to an Indian citizen, currently resides abroad with her husband. The couple had married in Dubai. She tried to apply for an Indian visa to attend the wedding but found no procedure to submit a visa application.
The petitioners argued that denying her even an opportunity to apply for a visa violated Articles 14 and 21 of the Constitution. They also submitted that although she initially sought to travel to India for the wedding, she would require a long-term visa as the spouse of an Indian citizen.
The Union government opposed the plea, submitting that no foreign national has a right to enter or remain in India except in accordance with law and government policy. It argued that the Central Government has discretion to grant visas and that a visa is a prerequisite for entering the country.
The court noted that the Central Government had suspended visa services for Pakistani nationals following the Pahalgam attack on April 22, 2025. An order issued under Section 3 of the Foreigners Act, 1946, provided that visa services for Pakistani nationals would remain suspended and that no visa could be processed or issued until the order was revoked.
“After security concerns were raised pursuant to certain attacks, at Pahalgam on 22.04.2025, the Central Government issued the order on 25.04.2025, suspending all Visa services to Pakistani Nationals. The said order continues to remain in force,” the court said.
“As long as the order issued under Section 3 of the Foreigners Act, 1946 remains in force, no Pakistani National can demand that his/her application for Visa be processed,” it added.
The court held that regulating the entry, stay, movement and departure of foreigners is an exclusive sovereign function of the Union government, linked to considerations of national security, sovereignty, integrity and public order.
It further held that no foreign national, including the spouse of an Indian citizen, has an inherent or legally enforceable right to enter India or demand the issuance or consideration of a tourist visa.
The court also rejected the petitioner's reliance on Articles 14 and 21. It noted that although Article 14 applies to non-citizens, the right can be claimed only within the territory of India and while the person is in the country.
The court observed that the government order issued under Section 3 of the Foreigners Act constituted a procedure established by law for the purposes of Article 21.
The Bench also referred to decisions of the Delhi High Court in Sheena Naz & Anr. v. Union of India & Ors. and Tanveer Wasim Safdar @ Tan France v. Union of India and Others.
The court answered in the negative the questions of whether a foreign national could demand an opportunity to submit a visa application and have it considered, and whether such a right would arise merely because the person was married to an Indian citizen. The petition was accordingly dismissed.
(With LiveLaw inputs.)