Hon’ble Delhi High Court while dealing with a petition here on 11-02-2019 in the case of “ALIBHIYA DAS v. UNION OF INDIA &ANR.” stated that this Court is unable to provide any relief in case of an illegal migrant.

BRIEF FACTS OF THE CASE

The Medical Visa issued to Mr Richmond Ugochukwu Madidi (petitioner’s husband, who is a Nigerian National) had expired. In his Visa application form, it was shown that he was suffering from a stomach tumor and was visiting India for treatment from Artemis Hospital, Gurgaon.

But later on it was contended that he was married to petitioner and adopted Hindu religion and such certificate was also issued. The petitioner further stated that she has a son from the aforesaid wedlock and also pregnant at present.

The petitioner prays in the present petition for the extension of her husband’s visa on payment of penalty.

DECISION OF THE COURT

Court held that Mr Richmond Ugochukwu Madidi had obtained the Visa from an Indian High Commission in Lagos by giving false information. The question of extending the said Visa on payment of penalty does not arise, as the Visa itself is liable to be cancelled as having been obtained by misrepresentation.

Court further held that the benefits of Section 7A(1)(b) of the Citizenship Act, 1955, is also not available to Mr Richmond Ugochukwu Madidi, as the petitioner’s marriage with him is not registered. Thus, Court finally held that except sympathizing with her condition, this Court is unable to provide any relief to the petitioner and the petition was accordingly dismissed.

Read the full Judgement Here:

[embeddoc url=”http://lobis.nic.in/ddir/dhc/VIB/judgement/11-02-2019/VIB11022019CW118652018.pdf” download=”all”]