New Delhi [India]: The Delhi High Court on Tuesday set aside a single bench order which had upheld the Centre’s February 7 direction to a Pakistani woman to leave India within two weeks.
The 37-year-old woman is married to an Indian man and has been living in India since 2005. The couple has two sons aged five and eleven.
A division bench headed by Chief Justice Rajendra Menon was hearing a petition filed by the husband of the woman challenging the order of the single bench, which had on February 28 upheld the notice issued by the government.
The bench, also comprising Justice Jairam Anoop Bambhani, while setting aside the order, pulled up at the central government for not following the due procedure while issuing a notice to the woman.
On February 28, while upholding the notice issued by the government, Justice Vibhu Bakru had said, “You have not done anything to naturalise your citizenship for India. You have not established any right to stay in India.”
During the proceedings, the woman had submitted that she has a valid visa till 2020 to stay in India.
The Ministry of Home Affairs, however, denied the claim and contended that she did not apply for Indian citizenship.