Kerala HC denies plea by Pakistani national married to Indian man seeking visa to enter country

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The petitioner had sought to apply for an Indian visa to attend her brother-in-law’s wedding. | Photo Credit: R K Nithin

The Kerala High Court recently ruled that a Pakistani national could not demand that the government consider her visa application even if she was married to an Indian citizen.

Justice Bechu Kurian Thomas found that due to the government order that was still in force suspending all visa services to Pakistani nationals after the Pahalgam terror attack, the petitioner could not demand that her visa application be processed. 

The court stated that no foreign national, even if married to an Indian citizen, had a “vested right” to demand that the person be permitted to enter the country.

The petitioner had sought to apply for an Indian visa to attend her brother-in-law’s wedding. However, when she attempted to apply for an Indian visa, she could not identify a procedure to obtain any suitable visa. They contended that the petitioner had done no harm to the nation and that declining an opportunity to apply for and process a visa violated the right to equality and the right to life guaranteed by the Constitution to all persons, not only citizens. 

The Centre contended that no foreign national could claim permission to enter or remain in India as a matter of right, except according to law or policy decisions of the Central government. It argued that the Centre could regulate immigration at its discretion in the interest of the nation.

The Centre maintained that fresh long-term visas were not open for consideration and that even such prior visas were permitted only until April 29, 2025. Unless the petitioner attained Indian citizenship, she could not apply or have her application processed, since she was a Pakistani national.

The court held that the regulation of entry, stay, movement and departure of foreigners into and from India was an “exclusive sovereign function” of the Centre. The government order issued in April 2025 after the Pahalgam attacks revoked all existing visas for Pakistani nationals and stated that new visas would not be permitted.

The court further held that the right to life and equality could be deprived according to procedure established by law and that these rights could be claimed only when the person was inside the territory of India.

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