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Synopsis

The Madhya Pradesh High Court’s Gwalior bench stayed the deportation of a Zambian national woman, Loveness Chinyama, for two months, citing her marriage to an Indian citizen and the pending passport application of their one-year-old son, an Indian citizen by birth.

Justice Milind Ramesh Phadke, presiding over the court, issued the interim order while hearing a writ petition filed by Chinyama and her son, Master Vansh Cholwe Pippal, who sought protection against deportation. The court noted that the deportation order against Chinyama was not illegal, as her visa was expiring on September 14, 2024. However, the court acknowledged that the registration of her marriage was pending and was a necessary prerequisite for her to apply for an OCI card, which would allow her to legally stay in India.

Chinyama entered India in 2019 on a student visa and pursued a nursing course at ITM University, Gwalior. On February 11, 2024, she married Indian national Rahul Raj Pippal, who filed a separate writ petition for the registration of their marriage, which remains pending with the Registrar of Marriage, Gwalior. The couple's son, Vansh, was born before their marriage and is an Indian citizen by birth. Chinyama’s visa, initially valid until June 2023, was extended until September 14, 2024. She applied for a further extension on September 8, 2024, citing her son’s need for an Indian passport, which is still under processing. Fearing deportation due to the imminent expiry of her visa, Chinyama approached the High Court seeking interim protection.

Representing the petitioners, Advocate Ankur Mody argued that Chinyama’s deportation would separate her from her one-year-old son, who is too young to live without his mother. It was emphasised that the couple's marriage registration was delayed due to administrative processes and that this registration was crucial for Chinyama to apply for an Overseas Citizen of India (OCI) card. Without interim relief, the petitioner’s deportation would result in the disintegration of the family, leaving the child stranded in India. The petition also sought an extension of Chinyama's exit permit until the issuance of her son’s passport, which would allow him to accompany her in case she is deported.

Deputy Solicitor General (DSG) Praveen Niwaskar, appearing for the Union of India, opposed the plea, arguing that Chinyama’s marriage had not been officially registered and that her last-minute request for a visa extension showed a lack of bona fides. It was contended that the petitioner’s application for extension appeared to be an attempt to remain in India indefinitely under the guise of sympathy. Further, the DSG argued that since Chinyama is not an Indian citizen, she cannot claim protection under the fundamental rights guaranteed by the Indian Constitution, which are reserved for Indian citizens, maintaining that the deportation order was valid and that no relief should be granted.

The State, represented by government advocate Jitesh Sharma, informed the court that the marriage registration process had begun, but due to procedural requirements, including a 30-day public notice period, no immediate decision could be made on the marriage certificate.

The court observed that the passport application for Chinyama’s son, an Indian citizen by birth, was still under consideration. Given that the child was only one year old, he could not accompany his mother back to Zambia without a passport.

The court found no evidence that Chinyama posed a threat or had a criminal background, and in light of the pending administrative procedures, it granted interim relief, staying her deportation for two months.

The respondents were directed to file their response, and the case is listed for further hearing in the week commencing November 4, 2024.

 

Cause Title: MASTER VANSH CHOLWE PIPPAL S/O SMT. LOVENESS CHINYAMA W/O SHRI RAHUL RAJ PIPPAL (MINOR) THROUGH HIS AND OTHERS Vs UNION OF INDIA AND OTHERS [WP-27474-2024]