Calcutta High Court expresses inability to aid Indian man seeking Indian visa for Chinese wife amid strained international relations

The Calcutta High Court recently expressed its inability to aid an Indian man seeking a visa for his Chinese wife after the strained international relations between India and China put the couple in a fix (Mrs Hu Mia and another v The Union of India and others). .The Chinese woman's existing visa had expired on November 1, 2020, and she, along with the couple's daughter, was denied repatriation to India on technical grounds, the Court was told. .Justice Sabyasachi Bhattacharyya on Thursday asked the couple to approach the concerned authorities once more for the grant of a visa, while noting that in present circumstances, there is no scope for interference in the present writ petition.The couple had informed the Court that, on the one hand, the Registrar General of Marriages at West Bengal had failed to respond to a marriage registration application sent on January 13. .This left the couple without sufficient proof of marriage to claim a family visa. In order to grant a family visa, the Indian visa authorities had called for either a marriage certificate from Indian or Chinese authorities or a passport of the Indian man showing the Chinese woman was his spouse. .On the other hand, the Indian government had suspended tourist visas recently, leaving this couple few options to reunite in India. The couple, therefore, sought directions from the Court so that: The Registrar General of Marriages may issue a marriage certificate without undue delay A family visa may be granted to the woman for a limited period, with an undertaking that the final marriage registration certificate would be submitted within 90 days..The State authorities had submitted that no application had been made for marriage registration under the appropriate law, i.e. the Foreign Marriage Act, 1969. The petition moved before the Court indicates that the application had been made citing the Special Marriages Act, instead. .If there is no valid marriage under the Foreign Marriage Act, the Chinese woman would not be entitled to claim a family visa, the State pointed out. The State added that even otherwise, she would not be entitled to a visa since a policy-decision has been taken by the Indian Government to refuse the grant of visa to Chinese nationals amid international tension between the two countries. .As such, the Court expressed its inability to aid the couple, observing, ."It is seen from the circumstances of the case, that although there is scope of empathy with the petitioners in view of the peculiar circumstances of the case, since the petitioners have not contracted marriage under the appropriate law, there is no scope for grant of visa to the first petitioner on the ground of her marriage with an Indian National. In the absence of such marriage, the petitioner no.1 has to apply independently for an X-1 visa, which are not being granted, as indicated above, at the present juncture.".It, therefore, disposed of the plea by granting the petitioners liberty to approach the authorities again for the grant of visa upon contracting a valid marriage under the Foreign Marriage Act, 1969. .Advocate Tarun Kumar Das appeared for the petitioner while advocates Phiroze Edulji and Hemonta C Mitter represented the Central government. .[Read Order]