The Bombay High Court has expressed concerns over the treatment of a Russian woman who was ordered to leave the country by the Indian government following her divorce from her previous Indian husband. The court emphasized that a nursing mother should not be separated from her infant child based solely on her nationality.
The woman, who held an X1 visa with an Overseas Citizens India (OCI) status, had married an Indian citizen and subsequently obtained a divorce. She then married another Indian citizen and they have a 6-month-old daughter together.
After surrendering her OCI card, the woman applied for an X visa. However, she received an exit notice from the Ministry of Home Affairs, instructing her to leave the country by March 24, 2023, as her OCI status was revoked following her divorce.
The woman filed an application for an OCI card in March 2023 and approached the High Court seeking a stay on the exit notice. The court had previously extended the exit date, acknowledging that there was no emergent need for her to leave the country.
During the recent hearing, the division bench, comprising Justices Gautam Patel and Neela Gokhale, criticized the government's directive to separate the woman from her child and urged a more compassionate approach.
The bench questioned the government's authority to interfere in personal relations and emphasized that nationalities should not hinder the well-being of families. They expressed their disapproval of penalizing Indian citizens for marrying someone of foreign origin.
The court highlighted that separating a nursing mother from her child would have a detrimental effect on both the Indian husband and their infant daughter. They stressed the importance of considering special circumstances in the case and urged the government to find a solution.
The bench also noted that the petition raised broader questions about the rights of spouses of foreign OCIs, the eligibility to apply for X-category visas and OCI cards, and the appropriate course of action when a marriage to an Indian citizen is dissolved or annulled.
The Central government's counsel sought additional time to file an affidavit stating their position, but the court encouraged them to find a balanced resolution. Justice Patel emphasized that the government's actions appeared disproportionate and that the notion of treating all citizens as suspects was not acceptable.
The court extended the exit date until the next hearing, scheduled for August 21.
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