Kerala High Court holds that granting a visa is a sovereign function and a foreign spouse has no vested right to one
30 September 2026
Justice Bechu Kurian Thomas dismissed a petition by an Indian citizen and his wife, a Pakistani national whom he married at Dubai, seeking that she be allowed to apply for a visa to attend a family wedding in India.
The Court held that no foreign national, even if he or she is the spouse of an Indian citizen, has a vested right to demand entry into India.
It held that the issuance of a visa is a sovereign function bound up with national security and foreign policy.
The Court noted the Union Government order of April 25, 2025 suspending visa services for Pakistani nationals after the Pahalgam attack of April 22, 2025.
It referred to Section 3 of the Foreigners Act, 1946 and to the Immigration and Foreigners Act, 2025, which replaced it.
The case is Unaiz Kadumbottil and Anr. v. Union of India and Ors., WP(C) No. 22580 of 2026, reported as 2026 LiveLaw (Ker) 535.
In plain words
Foreigners Act, 1946 The Foreigners Act, 1946 — The older central law that gave the Union Government power to regulate the entry and stay of foreigners.
Immigration and Foreigners Act, 2025 The Immigration and Foreigners Act, 2025 — The new central law on immigration that replaced the Foreigners Act, 1946.