Kerala High Court: Pakistani spouse of an Indian citizen has no vested right to a visa

30 September 2026

Justice Bechu Kurian Thomas dismissed WP(C) 22580 of 2026, Unaiz Kadumbottil v. Union of India, filed by an Indian citizen and his Pakistani wife. She had sought a tourist visa to attend her husband's brother's wedding and a long-term visa. The court held that granting a visa is a sovereign function and that no foreign national, even the spouse of an Indian citizen, has a vested right to demand permission to enter the country. It noted that an order of 25 April 2025 under Section 3 of the Foreigners Act, 1946 suspended visa services for Pakistani nationals; the order revoked visas issued to Pakistani nationals, except medical, long-term, diplomatic and official visas, with effect from 27 April 2025. It also held that Article 14 can be claimed only within the territory of India, while a person is inside the country, and so not by the petitioner wife, who is outside it.