Stories
Kerala HC: Marriage to Indian Citizen No Right to Entry for Pakistani Wife
- •The Kerala High Court ruled that marriage to an Indian citizen does not grant a foreign national an inherent right to an Indian visa.
- •Justice Bechu Kurian Thomas dismissed a petition by an Indian man and his Pakistani wife seeking entry, affirming immigration as a sovereign function.
- •The court emphasized national security and public order override individual entry requests from foreign nationals.
- •Visa services for Pakistani nationals were suspended due to security concerns following terror incidents in April 2025, as stated by the Centre's counsel.
- •The High Court clarified that constitutional protections like Articles 14 and 21 apply only to individuals physically present within Indian territory.
Key Questions Answered
Justice Bechu Kurian Thomas dismissed the writ petition, ruling that foreign nationals hold no inherent or legally enforceable right to an Indian visa solely through marriage to an Indian citizen. The court emphasized that regulating foreign entry is an exclusive sovereign function of the central government, prioritizing national security, sovereignty, and public order over individual requests.
Visa processing mechanisms for Pakistani nationals were suspended under executive orders and security directives following terror incidents in Pahalgam in April 2025. Under Section 3 of the Foreigners Act, 1946, standard visa processing was halted with exceptions made only for pre-existing long-term and medical visas.
No, the High Court clarified that while fundamental equality guarantees extend to non-citizens, they can only be invoked by individuals who are physically present within Indian territory. Foreign nationals outside India cannot claim an absolute right to demand entry or challenge sovereign immigration policies.
