Pahalgam aftermath: CRPF man moves J&K High Court against deportation of Pakistani wife

The Jammu & Kashmir and Ladakh High Court on Tuesday sought a response from the Union of India and the Jammu & Kashmir government on a CRPF personnel's plea against deportation of of his wife to Pakistan [Munir Ahmed V/s Union of India].Justice Rahul Bharti asked the authorities to file a response within 10 days and listed the matter for further hearing on May 14."Meantime, the petitioner No. 2 [wife] who is directed to be ousted from the UT of J&K so her ouster as well as status would be the subject to the final outcome of the writ petition," the Court ordered..In the aftermath of the Pahalgam terror attack, the Union government on April 24 decided to suspend visa services to Pakistani nationals and directed them leave to India before April 27.Considering the ongoing process to deport the Pakistani citizens, CRPF personnel Munir Ahmed and his wife approached the Court seeking directions for consideration of her application for long-term visa.Pertinently, her short-term visa for stay in India has already expired on March 22. The couple's counsel told the Court that upon expiry of the tourist visa, the woman was put on an Exit Permit but after her representation, the same was cancelled and position is being re-examined..The Court was informed that Ahmed had solemnized marriage with the Pakistani citizen by online mode. However, the bench raised a doubt over the same after it noticed physical address on their marriage certificate.It also asked whether such type of marriage is permissible or recognizable in the eyes of law and said that it is an aspect which requires the attention of Central government."The very fact that the place of Nikah is shown to be Handwal Jammu, per-se, meant that the marriage was solemnized in physical mode taking place at Jammu which is not the factual situation in the present case as the purported marriage came to take place by online mode that is the petitioner No. 2 was in Pakistan at her residential house and the petitioner No. 1 in UT of J&K at his own house," the Court said..Further, the Court observed that it is for the Government of India to consider whether a long-term visa should be issued to her or not. It noted that the present status of the woman is that of a Pakistani national entering and staying in India on short-term visa that too which has expired."This Court has no issue with this aspect of the case that the petitioner No. 2’s case is under consideration but as and when that consideration would come from the Government of India’s end through its concerned Ministry, the petitioner No. 2 would accordingly become either the beneficiary or the non-beneficiary of the outcome, so as to govern her status whether to be in India for all time to come as wife of petitioner No. 1 or to stay back in Pakistan continuing to be the wife of the petitioner No. 1," the Court observed..Advocate Ankur Sharma appeared for the petitioners.Deputy Solicitor General of India Vishal Sharma and Senior Additional Advocate General Monika Kohli appeared for the respondents.[Read Order]