Full Breakdown
Kerala High Court Rules Pakistani Spouse Has No Vested Right to an Indian Visa
By Drooid · · How we work
Core Event
The Kerala High Court dismissed a writ petition filed by a Pakistani woman married to an Indian citizen, holding that no foreign national—regardless of marital ties to an Indian—has a legally enforceable right to demand the issuance of a visa to enter India. Justice Bechu Kurian Thomas, writing for the bench, emphasized that the regulation of entry, stay, movement and departure of foreigners is an exclusive sovereign function of the Union Government. The petitioner had sought a tourist visa to attend her brother-in-law’s wedding but could not locate any procedure for submitting a visa application.
Background & Context
Visa services for Pakistani nationals were suspended following the Pahalgam terror attacks in April 2025. The Central Government issued an order under the Foreigners Act, 1946 (later replaced by the Immigration and Foreigners Act, 2025) directing that all visa services for Pakistani nationals be halted and that existing visas, except for medical, long-term, diplomatic and official categories, be revoked. The government has maintained that visa issuance is a matter of national security, sovereignty and public order, and that it may be exercised at its discretion.
Data & Statistics
- April 22 2025 – The Central Government stopped visa services for Pakistani nationals after the Pahalgam attacks.
- April 25 2025 – Only long-term and medical visas issued before this date were allowed to remain valid.
- April 27 2025 – The government announced that all other visas for Pakistani nationals were revoked effective on this date.
- April 29 2025 – The Centre stated that any fresh long-term visas would not be considered and that previously issued long-term visas would remain valid only until this date.
Official Statements & Responses
- Justice Bechu Kurian Thomas: The court held that no foreign national possesses a “vested right” to demand entry into India, and that such rights can be claimed only when the person is physically present within Indian territory.
- The Centre (Ministry of Home Affairs): Asserted that the power to grant visas rests solely with the Union Government and that foreign nationals cannot claim entry as a matter of right except in accordance with law and policy. The Centre reiterated that the suspension of visa services for Pakistani nationals remains in force and that fresh long-term visas are not being entertained.
- Petitioners: Argued that denying the opportunity to apply for a visa violated Articles 14 and 21 of the Constitution, which guarantee equality before the law and the right to life, respectively.
Conflicting Reports & Gaps
Sources differ on the precise dates governing the suspension and expiry of Pakistani visas: one report cites the suspension beginning on April 22 2025, another notes that revocation of all non-medical visas took effect on April 27 2025, while yet another references a cutoff for fresh long-term visas on April 29 2025 and a validity limit for existing long-term and medical visas as of April 25 2025. The court’s decision does not resolve these chronological inconsistencies, and the exact scope of the current suspension remains unclear.