Bombay HC fights for Mumbai man to bring home his Pakistani wife

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Mumbai resident who got married in Karachi, may finally be able to get his Pakistani bride home after two years. A division bench of Justice Nijamoodin Jamadar and Justice Ravindra Borde has directed the Union government to consider the application for a 'visitor's visa' filed by Aamir Vadgama's wife Rabiya Husaain. Aamir Vadgama is a resident of Mumbai Central in Mumbai. "In the light of the report of verification of address of the (husband), the application tendered by the wife for visitor's visa needs to be considered by the ministry of home affairs. In the circumstances, we direct Union of India to consider the application and take appropriate decision in accordance with law expeditiously," the bench directed, stating he married Rabiya as per law and it is his fundamental right to be with his spouse.

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According to Times of India, Aamir and his family were visiting their relatives in Karachi when he met his wife Rabiya in March 2017. They tied the knot as per Muslim rituals in Karachi. A few months later, Rabiya filed an application with Indian High Commission in Islamabad for a visitor's visa. Aamir then filed a petition before the Bombay high court after a year, claiming that the Ministry of External Affairs had not considered his wife's visa application nor had their decision was communicated to her.

"Aamir had married Rabiya as per law, and it was his fundamental right to be with his spouse once he completes all the legal formalities. In this case, Aamir had submitted all the documents, including his marriage certificate, and was willing to take all responsibility," stated advocate Ganesh Gole, counsel for Aamir. He also stated that there is no law that barred an Indian citizen from marrying a Pakistani national.

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As per norms, the spouse could visit India on a visitor's visa, and then he could subsequently apply for a long-term residential visa for his wife. Earlier in April 2017, when the matter came up for hearing before the high court, the Centre stated that Rabiya's application had been rejected on technical grounds as her husband's address was not mentioned in the form. The court then asked the state government to re-verify Aamir's address and forward its report to the home ministry. "The police department has conducted re-verification of the address of the (husband) and has tendered report to the Ministry of Home Affairs informing that the address recorded by Rabiya is correct. As such, it shall have to be deemed that the application is complete and deserves to be considered in view of report tendered by the state of Maharashtra," the bench observed.

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