Delhi ordered to decide Pak-born minor’s plea for extending stay in India

ISLAMABAD: When an Indian national married a Pakistani man, little did she know that her journey would take an unexpected turn, leaving her divorced and in a legal battle for her Pakistan-born daughter’s stay in India.

Now, the Punjab and Haryana High Court has stepped in, directing the Centre to consider her five-year-old daughter’s plea for the extension of her stay in India “most sympathetically” and decide on her representation within three months.

Justice Kuldeep Tiwari issued the directive while hearing a petition filed by the child through her mother. The woman, an Indian citizen, had married a Pakistani national in 2019 as per Muslim rituals. Following the marriage, she moved to Pakistan with her husband.

However, the relationship did not last long and she was divorced as per Muslim law. She returned to India, along with her daughter, but complications arose since the child was born in Pakistan and is, therefore, a Pakistani citizen.

The mother approached the Indian government, seeking an extension of her daughter’s stay in India. A detailed representation was submitted to the Ministry of External Affairs on January 31 but no decision has been made so far, prompting her to move the High Court.

During the hearing, Additional Solicitor-General of India Satya Pal Jain with advocate Sangeeta Srivastava, representingthe Union government, informed the court that the representation would be considered if reasonable time was granted.

Taking note of the matter’s sensitivity, the High Court directed the competent authority to decide the child’s case within three months, ensuring that her plea for continued stay in India is handled with utmost care and in accordance with the law.