Child faces risk of prison after parents' divorce proceedings, Madras HC orders visa extension

CHENNAI: As the matrimonial dispute between parents lands a three and half-year-old child in trouble of being moved to a foreign prisoner camp in the USA, the Madras High Court directed the Union government to extend the child's visa.

Justice M Dhandapani directed the foreigners' regional registration office to extend the child's visa within four weeks while disposing of a petition moved by the mother of the child seeking a visa.

According to the petition, the child was born in America to an Indian couple while they were employed there. A matrimonial dispute arose between the couple later when they returned to India. Hence they filed a divorce petition which is still pending in a family court.

In the meantime, the visa of the child expired leading to a situation where the child could be deported to a foreign prisoner camp in America. Hence, the mother of the child made a representation before the foreigners' regional registration office in Chennai, seeking an extension of visa and registering the child as an overseas citizen of India. However, the representation was not considered by the respondent.

Subsequently, a petition was moved seeking an extension of visa to the child thereby facilitating his education in India till the disposal of the matrimonial dispute.

The standing counsel of the respondent submitted that the guardian of the child needs to make a formal application and upon such representation, it will be considered and orders will be passed within the time stipulated by the Court.