In a significant ruling that underscores the right to family life, the Madras High Court has intervened to protect a Sri Lankan woman married to an Indian citizen from deportation. The court has asked the Central government to consider granting her relief on humanitarian grounds.
A Cross-Border Love Story Faces Legal Hurdles
The case involves Fathima Riyasa, who married Abdul Jabar, an Indian citizen, following a love affair. The couple tied the knot in Sri Lanka in June 2018. After their marriage, Fathima arrived in India on a valid visa, and the family settled down in Pudukottai district, where they have since had two children.
Her legal troubles began when both her Indian visa and her Sri Lankan passport expired. While she applied for a renewal and also sought Indian citizenship, her application was not forwarded by the Pudukottai district collector to the Centre. This led her to approach the court in 2022, seeking Indian citizenship. The Centre, however, opposed the plea, labeling her an illegal immigrant.
Court Upholds Right to Family Life for Non-Citizens
Justice G R Swaminathan, hearing the petition, took a compassionate view. Describing it as a "case of cross-border love," the judge emphasized that there is no legal mandate stating marriage must be only between two citizens. The court firmly stated that when a marriage is subsisting and the relationship is intact, the right to life under Article 21 of the Constitution includes the right to live with one's spouse. Crucially, the bench affirmed that this fundamental right applies equally to citizens and non-citizens.
The judge highlighted that Section 20 of the Passports Act, 1967, empowers the Centre to issue a passport or travel document even to a non-citizen. "The interest of justice requires that the petitioner is allowed to stay in India. If she is deported, she will be separated from her husband and children," Justice Swaminathan observed. He further noted the children's right to maternal love, viewing the issue from their perspective as well.
Two Paths Forward and Protection from Deportation
The court outlined two possible courses of action for Fathima Riyasa. First, she can apply to the Centre seeking relief under Section 20 of the Passports Act, which the court urged the authorities to consider favorably. Alternatively, she can renew her Sri Lankan passport and then seek an extension and validation of her Indian visa.
Most importantly, the court issued a protective order. It directed that the petitioner shall not be deported without sufficient notice and without a reasoned, speaking order. This interim safeguard ensures her rights are not frustrated while she pursues the legal avenues opened by the court. The judge also granted her liberty to approach the court again if any adverse order is passed against her.
With these observations, the Madras High Court disposed of the petition, offering a ray of hope to the family and reinforcing the principle that humanity and family unity must be considered in matters of citizenship and immigration.
