‘Suspicious’ Bangladesh woman’s Indian husband absconding; dependent visa cannot be extended says HC

PTI, Jan 20, 2024, 9:11 AM IST

The High Court of Karnataka has dismissed a petition filed by a Bangladeshi woman seeking extension of her stay in India.

The woman’s Indian husband is absconding and without his consent for the dependent visa (X-1 visa) it cannot be extended. The HC also noted that her activities in India were suspicious as she was in constant touch with an organisation called SSG in Bangladesh which had connections with that country’s military.

Between 2003 and 2005, the woman had worked in the Thailand Embassy office in Dhaka. The petition before the HC was filed by one Raktima Khanum, 46, which was heard by Justice M Nagaprasanna. The woman claimed to have fallen in love with one Janardhana Reddy, a resident of Bengaluru and an Indian citizen.

The two got married in December 2017 and the woman claimed that Reddy had converted to Islam. The couple lived in Chennai but soon their love floundered and the woman went back to Bangladesh as the tourist visa she was staying on had expired, she said.

When she applied for a visa again, it was converted to an entry visa — a dependent visa — which was valid till February 2020. She sought extension of the visa, and it was granted for six months as she was married to an Indian. The visa was again extended later till June 21, 2023.

When another extension was sought, the authorities demanded that she produce an undertaking/consent form the sponsor/parents/spouse as she was on a dependent visa.

She approached the high court in this regard. Her advocate contended that her husband is absconding and therefore she cannot submit a consent document.

The HC, however, said it cannot direct the authorities to extend the visa considering the facts of the case.

Dismissing the petition, the HC in its January 5 judgment said, “The power of the Government of India to expel nationals of other countries who overstay in the nation without any document is absolute and unfettered. Any indulgence shown to the petitioner, on any kind of sympathy, would be putting fetters on the discretion of the government, the FRRO and the Bureau of Immigration, more so in cases where there is even a semblance of threat to national security of any kind.”