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Delhi High Court - Orders

Manisha Malik vs Union Of India & Ors on 16 July, 2021

Author: Rekha Palli

Bench: Rekha Palli

                          $~25
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 6632/2021
                                 MANISHA MALIK                                     ..... Petitioner
                                             Through              Mr. Fuzail Ahmed Ayyubi and Mr. Ibad
                                                                  Mushtaq and Ms. Akansha Rai, Advs.

                                                    versus

                                 UNION OF INDIA & ORS.                  ..... Respondent
                                                Through Mr. Anurag Ahluwalia, Adv.
                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                          ORDER

% 16.07.2021

1. The present petition has been filed by an Indian citizen who is the spouse of Mr. Karl Edward Rice, a dual national of New Zealand and the Netherlands. The petitioner's grievance, as articulated by her counsel, is that though after his marriage with the petitioner, her husband was issued a X2 visa (meant for spouse/children of an Indian citizen), which visa was valid till 05.05.2024, at the time of his leaving the country on 10.10.2020, the said visa was stamped as "cancelled without prejudice" without any reason whatsoever being assigned for the same. He submits that till date, despite repeated representations by petitioner as also her husband, who are both YouTube vloggers, no reason whatsoever has been communicated to them as to why the X2 visa of the petitioner's spouse has been cancelled.

2. Issue notice. Mr. Anurag Ahluwalia accepts notice. While praying for Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:17.07.2021 14:37:24 three weeks' time to file a counter affidavit, he submits on instructions that the spousal visa issued in favour of the petitioner's husband has been cancelled on account of his violating conditions of the visa granted to him. Counter affidavit, as prayed for, be filed within three weeks. In case, the respondent seeks to rely on any confidential information, it will be open for the respondent to furnish the said information to the Court in a sealed cover, one day prior to the next date of hearing.

3. Rejoinder thereto, if any, be filed within three weeks thereafter.

4. Renotify on 23.09.2021.

REKHA PALLI, J JULY 16, 2021 ms Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:17.07.2021 14:37:24