Bombay HC orders speedy decision on visa extension for Yemeni husband of Indian woman on ‘humanitarian’ grounds
The Indian citizen wife of the Yemeni man argued that if he was not granted permission to legally reside in India, considering the strife-torn situation in Yemen, he would be separated from his family forever.
Granting relief to a Yemeni national who was detained by the Pune police for overstaying his visa, the Bombay High Court recently directed authorities to decide his visa extension application within eight weeks on “humanitarian grounds”.
The Indian citizen wife of the Yemeni man, who had filed a habeas corpus plea as he was initially detained at a police station, argued that if he was not granted permission to legally reside in India, considering the strife-torn situation in Yemen, he would be separated from his family forever, as he may not be able to see his two children in future.
A bench of Justices Sarang V Kotwal and Sandesh D Patil on March 26 passed an order on the plea by Harjinder Kaur, initially filed seeking release of her husband, Fahd Redhwan Abdullah Saeed, from police detention by setting aside a 2023 restriction order against him not to move out of the premises of the Kondhwa police station.
However, the petitioner’s husband is not under any restriction as on date. The plea sought extension of visa and direction to authorities to decide his Overseas Citizen of India (OCI) application at the earliest.
The court noted that the couple got married in 2011 under the Special Marriage Act, 1954, and have two children, and it was “clear that Fahd has been staying with the petitioner and their children in India.”
Advocate Wesley Menezes for the petitioner said Saeed, due to the situation prevailing in Yemen, had to obtain his passport from Kuala Lumpur in Malaysia, and he had also applied for an OCI card in 2023. Menezes also said that after his marriage, Saeed availed a one-year special visa under the “spouse of Indian national”” category, which was valid up to November 2014, and his application for visa extension remained undecided.
Advocate Rui Rodrigues for the Foreigners Regional Registration Office (FRRO) claimed Saeed’s stay over the years was not based on valid documents; therefore, there were restrictions in granting OCI status to Saeed. However, he stated that authorities have not found any material to show or indicate that Saeed is a threat to national security.
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The bench noted the “authorities will have to act within the four corners of law with humanitarian grounds.”
“In this background, it is necessary that the authorities consider the petitioner’s husband’s application for extension of visa, which is pending before them, as expeditiously as possible, keeping in view that he has been residing in India with his family consisting of two young children for many years. Both the children and the petitioner have Indian passports,” the HC noted.
The court said if authorities accepted the visa extension, Saeed can make an OCI application to be considered on an “urgent basis”.
Further, the HC directed that till his application is decided, and in case any adverse order is passed, for a further period of four weeks, the authorities shall not take coercive steps against Saeed.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
