Foreign spouses of Indians 'not entitled' to visa: Kerala HC on Pakistani petitioner's plea

The Kerala high court has held that a foreign national, even if he/she is the spouse of an Indian citizen, has no vested right to demand that he/she be issued a visa to enter the country.

The high court’s ruling came while dismissing a writ petition filed by a man from Kerala and his Pakistani wife seeking a tourist visa for the woman to attend her brother-in-law’s wedding in India. The petitioners, residing abroad, submitted that when the Pakistani national attempted to apply for an Indian visa to attend the wedding, she could not find even a procedure to file an application for a visit visa. They argued that not even being provided an opportunity to apply for a visa was contrary to the constitutional provisions of Articles 21 and 14. The Pakistani petitioner also argued that she would ultimately require a long-term visa as she is already married to an Indian citizen.

In its counter affidavit, the Centre stated that no foreign national can claim, as a matter of right, permission to enter or remain in India except in accordance with the provisions of law of the Indian government. It sressed that all visas issued to Pakistani nationals stood suspended from April 29, 2025 following the Pahalgam terror attacks.

The high court, after hearing all the arguments, said that no foreign national has an “inherent or legally enforceable right to seek entry into India.” Issuance of tourist visas is a sovereign function of the state and lies deeply rooted in considerations of national security, foreign policy and administrative discretion.

It said that as long as the order issued under Section 3 of the Foreigners Act, 1946 remains in force, no Pakistani national can demand that his/her application for visa be processed.

The court ruled that the petitioner cannot claim relief under Art 14 of the Constitution as she is not in India presently.