'Will Leave India By May 28': French National Running Cafe Since 15 Yrs On Tourist Visa Undertakes Before Karnataka High Court

In a significant development, the Karnataka High Court on Thursday (May 21) took on record a French national's verbal undertaking to leave India for allegedly violating tourist visa conditions while running a restaurant in Gokarna for over 15 years. The Vacation Bench comprising Justice Suraj Govindaraj and Justice K. Manmadha Rao was hearing an appeal filed by Christophe Stephane Monxion against a single judge's order, which upheld a 'Leave India' notice issued by the Foreigners Regional Registration Officer (FRRO).After hearing both the French national and the FRRO, the Division Bench recorded the appellant's undertaking that he would voluntarily leave India by May 28, 2026, after obtaining the requisite exit permit from the FRRO.“…The French national undertakes to leave India before the 28th of this month[May] after obtaining the required exit permit, and he would not insist on any interim order. He will continue to prosecute the above writ appeal in terms of the report. Respondent authority to file detailed objections. Relist on 24th June…”, the court noted in its order.When the court took up the matter today, DSGI Shanthi Bhushan, appearing for the FRRO, told the court that the tourist visa conditions cap the total number of days for staying in India during a given calendar year at 180 days. Each instance of continuous stay in a given year cannot exceed 90 days, according to the DSGI.“Let him stay in France…It's a better place for him…The order(single judge bench order) staring at him says he should leave within 7 days… If he doesn't leave, we can deport him or lodge an FIR for the violation of visa conditions”, the DSGI informed the court.The DSGI informed the Court that the French national had previously overstayed his visa and was blacklisted for two years from October 2022. He was permitted to re-enter India only on February 12, 2025, on a fresh tourist visa. Bhushan also alleged that the appellant had entered into a 'marriage of convenience' to hoodwink the visa regulations.Citing the police report about the foreign national, DSGI claimed the appellant had extreme hatred towards the landowner's [on whose land the foreign national had been running his business] family, who are influential people and had frequent altercations with them. The petitioner, facing dire financial issues, was involved in excessive drinking at night, causing disturbance to neighbours, Bhushan told the court.“…The Union can decide whether he can avail the tourist visa again or not in accordance with the law. He does not have an unfettered right to come back…We are not against the petitioner…there was a report by the police about a foreign national of French origin who took a land of 15 Guntas on annual rent, and then he opened a French café there, which is straight away a violation of his visa conditions”, the DSGI further clarified when the court asked whether the petitioner would be allowed to return to India.On the other hand, the appellant- French national, argued that as of today, he was still within his visa period (82nd day of a 90-day continuous stay) and had 8 more days left legally before he leaves the Indian territory.During the hearing, the Bench reminded the French national of his legal status yet again.“…You are not a citizen, you are a French national. You cannot claim a right to stay. If they give you a visa, you can come back,” the Court orally observed, refusing to interfere with the earlier court's observation that a foreign national's stay in India is a privilege, and not a right.To recap, the French national had been running a restaurant called 'Hotel Green' and residing in Gokarna for several years. Based on the investigation report by the state law enforcement agencies, including the Additional Director General of Police [State Intelligence], Monxion was issued a 'Leave India' notice for violation of tourist visa conditions.The single-judge bench of Justice Sachin Shankar Magadum, on April 22, had directed Monxion, who entered India on a tourist visa, to leave the country within seven days, in accordance with the 'Leave India' notice issued via WhatsApp by the FRRO.Aggrieved by the aforesaid order, Monxion approached the vacation bench of the High Court in appeal.Case Title: Christophe Stephane Monxion v. The Foreigners Regional Registration OfficerCase No: WA 1369/2026

'Will Leave India By May 28': French National Running Cafe Since 15 Yrs On Tourist Visa Undertakes Before Karnataka High Court

Sebin James

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

'Will Leave India By May 28': French National Running Cafe Since 15 Yrs On Tourist Visa Undertakes Before Karnataka High Court

Sebin James

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers