KOLKATA: Calcutta high court, on Friday, refused to intervene in a complaint lodged by a Chinese woman who has been denied a visa by the Indian government despite her claim to have married an Indian national.
Justice Sabyasachi Bhattacharyya, while empathising with Hu Miao, a resident of Haidian district of Beijing, directed her to approach appropriate authorities with necessary documents and wait for an end to the existing restrictions that are in place against issuance of tourist visas to Chinese nationals.
Miao, in her complaint, stated that she married one Kanishk Sinha of Bidhanpally, Bansdroni, Kolkata. The two also have a daughter named Anan Xinha who lives with Miao in Beijing. Sinha has provided documents to establish that he applied for a marriage registration certificate under the Special Marriage Act. However, the issuance of such certificates by the Registrar General of Marriages, West Bengal, has got delayed due to the Covid-19 pandemic, he informed the court.
Appearing for the Government of India, advocates Phiroze Edulji and Hemonto C Mitter, submitted in court that a certificate under the Special Marriage Act is not acceptable for grant of an X-1 (marriage) visa to a foreign national. For this, a marriage has to be registered under the Foreign Marriage Act, 1969. Tourist visas for Miao or her daughter are also not possible due to the strained relations between India and China at the moment, it was submitted by Edulji.
“In the circumstances, there is no scope for interference in the present writ petition. It is, thus, disposed of, with liberty to the petitioners to approach the respondent authorities for issuance of visa upon the petitioners having contracted a valid marriage under the Foreign Marriage Act, 1969 as well as for Miao to apply for a visa in normal course as and when the prevalent restrictions are lifted,” Justice Bhattacharyya directed.