Himachal Pradesh HC Rejects Plea Of A Foreigner To Continue His Stay In India To Look After His Ailing Adopted Son [Read Judgment]

Law does not authorize a foreigner, to remain on the soil of this country any moment longer than the period so authorized, in accordance with law, be it for whatever purpose, the Bench said.

Rejecting a plea of a foreigner who was served with a notice of exit after his application of extension of VISA got rejected seeking to continue his stay in India to look after his ailing son, the Himachal Pradesh High Court has held that there is no right conferred upon a foreigner to endlessly remain on Indian soil, save and except under the procedure established by law, for pursuing any litigation or conferring any love or affection on an Indian national.

In his application seeking extension of VISA, he had made a request to allow him to continue to reside in India on “humanitarian grounds”. In his affidavit, he stated that he developed an “unbreakable bond” of “filial and parental piety” with one Virraj Sorhvi, an Indian National, of whom he had become “de facto guardian” and an “adoptive parent. However, his application was rejected and it was assailed before the High Court.

“He may have unbreakable bond, be it “filial” or for “parental piety” or otherwise, with the said person, but then the welfare State has mechanism of taking care of its citizens, even those who are living either in pecuniary or destitution.”, the Bench headed by Acting Chief Justice Sanjay Karol said taking note of the fact that he did not choose to take his adopted son to his native place.

Observing that the authorities have acted with due caution and always exercised restraint, the Bench observed that the law does not authorize a foreigner, to remain on the soil of this country any moment longer than the period so authorized, in accordance with law, be it for whatever purpose.

Read the Judgment here.