The Delhi High Court has asked the Central government’s Bureau of Immigration to take instructions in a petition filed by a couple, one of whom is a citizen of the United States of America, challenging the exit visa issued by department in the midst of a global pandemic.
The petition has been filed by the couple named Shilpa Rathore and Matthew David Asch alleging that the action of respondent/Bureau of Immigration in giving the exit visa to Matthew in the midst of a global pandemic is illegal.
The petitioner is also aggrieved by the respondent due to the illegal denial of the petitioners to get married even when there is a travel ban till the month of March 2021 (as per current notification of DGCA).
The bench of Justice Pratibha M. Singh heard the matter and has directed respondent to seek instructions and list the matter for hearing tomorrow.
The male petitioner, Matthew David Asch, submitted that he is a citizen of the USA and has been a frequent visitor to India and a dedicated volunteer at the Sri Sacha Dham Ashram at Rishikesh for over 10 years. While the woman petitioner is a citizen of India and they have been acquaintances for the last 10 years, said the plea.
The plea said that Asch was granted tourist visa with a validity of 10 years with multiple entries when he first came in 2010. The visa expired in November 2020 but due to Covid-19 outbreak in India, the petitioner could not travel back to the USA, and his visa was extended indefinitely till international travel resumed, that is, beyond March 1, 2021.
Later, he has also applied for the extension of X3 Visa with the endorsement from Sri Sacha Dham Ashram at Rishikesh, which was denied by the respondent department without having to give any authentic reason and now the petitioner is forced to exit the country on February 8, 2021.
Advocate Pankaj Mehta, appearing for the female petitioner, has submitted that she has been in a relationship with Asch for the last 3 years and has applied before Registrar of Marriages, Ghaziabad under Special Marriage Act, 1954 on January 2021. It would be highly unjust if he is forced to exit the country as the same would result in nullifying the petitioner’s marriage proceedings.
The petition stated that the issuance of exit visa in the midst of a global pandemic and with the heavy restrictions on international travel is inhumane and violative of the right to life enshrined under Article 21 of the Constitution of India.
Due to the arbitrary and sudden issuance of the exit visa dated January 1, 2021 has impeded the marriage of the petitioners, which is a blatant violation of the fundamental right of expression and the fundamental right to life as contained in Article 19(1)(a) and Article 21 of the Constitution of India, the plea stated.
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Therefore, through their plea, the petitioners sought direction for quashing of the exit visa dated 05.01.2021 and in the interim to stay it. The petitioner has also sought directions to apply for extension of his tourist visa.