Kochi: The Kerala high court has stayed the deportation of three children of an Indian woman and a Pakistani national.
The order gives Haseena, a native of Kathirur in Kerala’s northern district of Kannur, some breathing space as she had petitioned the Central government, through the district collector and superintendent of police, to get her children’s visas extended and for getting citizenship for them.
The stay order, issued by Justice Antony Dominique on July 5, is valid for two weeks and these children, all aged below 10, will be able to stay with Haseena till then.
Haseena, 29, married Shahid Mohiyudeen of Pakistan 11 years ago. Mohiyudeen, born to Keralaborn parents who migrated to Pakistan, is in fact her cousin. While Haseena’s father migrated to Pakistan, her mother had stayed behind in Kerala.
Since Haseena’s marriage was solemnized in Pakistan in her absence, the local committee in Kathirur did not issue any marriage certificate to her. The couple, both school dropouts, apparently had no idea about the implications.
“It never occurred to any of us then that getting the marriage registered here was so important. Looking back, we feel that we should have done it. We thought the marriage had been already been registered there,” Haseena said.
Mohiyudeen had come to India on a visit visa then. With no document to prove their marriage, he took Haseena to Pakistan — declaring her to be his cousin — on a one-month visa and later got it extended for six months. After the visa expired, Haseena stayed back illegally and gave birth to two sons and a daughter. Again, the births of Shoaib, Zainul and Husna were not registered at the Indian mission in Pakistan. Thus, the children became Pakistani nationals.
In March, Haseena surrendered before the Pakistan authorities as there was only a month left for her passport to expire. She was asked to pay a fine and leave the country. Mohiyudeen, the children and his mother Fatima took a onemonth visa to accompany Haseena to Kerala.
“The HC order gives me hope that the children will be able to live with us. The court had earlier given two months stay against the deportation process. I want to send them to school and bring them up here,” Haseena said.
FREE Legal advice service Help! We offer a comprehensive legal advice and opinion service covering all aspects of Indian law: Email a legal question. WE DO NOT ASK ANY INFORMATION FROM USERS
Home | Contact | Supreme Court | Law | M.V Act | Negotiable Instruments Act | Criminal | Civil | Disclaimer |
RSS | Comments RSS
Wednesday, July 13, 2011
Kerala HC stays deportation of Pak children
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment