IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 34525 of 2010(M) -------------------------- PETITIONER(S): --------------- LAILA RAGHAVAN,W/O.NORBERT ERICH WITTMAN CHETTITHODI VEEDU,VAKKOM.P.O, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.ANILKUMAR RESPONDENT(S): --------------- 1. UNION OF INDIA REP.BY SECRETARY,MINISTRY OF HOME AFFAIRS,NEW DELHI-1. 2. REGISTRATION OFFICER,FOREIGN REGIONAL REGISTRATION OFFICE,HOME DEPARTMENT, NEW DELHI-1. 3. DISTRICT COLLECTOR,THIRUVANANTHAPURAM, VANCHIYOOR.P.O,PIN-695 023. ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G OF INDI FOR R1,2 SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.34525/10 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MARRIAGE CERTIFICATE DT 12.5.2000. P2 COPY OF THE BIRTH CERTIFICATE DT 28.9.99. P2(A) COPY OF THE BIRTH CERTIFICATE DT 3.5.02. P3 COPY OF THE COPY OF THE DOCUMENT DT 21.3.99. P4 COPY OF THE JUDGMEN T IN CC.261/96. P5 COPY OF THE ORDER DT 25.2.99. P6 COPY OF THE ORDER DT 27.4.99. P7 COPY OF THE ORDER DT 13.9.99. P8 COPY OF THE JUDGMENT DT 31.12.99. P9 COPY OF THE ORDER DT 9.12.02. P10 COPY OF THE REPRESENTATION DT 23.9.10. P11 COPY OF THE COMMUNICATION DT 22.2.11. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 34525 of 2010 M ``````````````````````````````````````````````````````````` Dated this the 31st day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner, who has married one Mr.Norbert Erich Wittman, a German citizen, has filed this writ petition with the following prayer:- “To issue a writ in the nature of mandamus or other appropriate writ direction or order declaring that there is no legal bar in visiting petitioner's husband to India and applying for visiting visa as he is not a fugitive criminal against whom any warrant for committing extraditions offence so as to reside with family for the period during which Visa is granted to petitioner's husband.” 2. Such a prayer has been made on the basis that she has already made Ext.P10 application before the second respondent and that the second respondent did not respond to the same. In Ext.P10, the request made by the W.P.(C) No.34525/2010 : 2 : petitioner is as follows:- “Petitioner had accompanied with her husband to Germany and the children are with me. The husband of the petitioner is not anti-Indian or a criminal and had purchased properties in India. Since he was deported from India he is unable to visit India to see the children and look after them. Unless the stigma attached petitioner's husband as a suspicious man his visa application will be rejected. Since he has been deported the husband of the petitioner is unable to obtain Visa to India. For the interest of justice the husband of the petitioner may be allowed to visit India and a declaration to that effect may be intimated on human grounds or else petitioner's family may be put to great difficulties.” 3. Going by the averments in this writ petition, Ext.P10 request has been made by the petitioner under the provisions of the Foreigners Order, 1948. Foreigners Order, 1948 deals with the power of the civil authority, to grant or W.P.(C) No.34525/2010 : 3 : refuse permission to a foreigner arriving in a port in India for his entry into India. The provisions of the Foreigners Order come into operation only when a foreigner arrives any port in India on the strength of a valid Visa. The petitioner has no case that her husband has obtained Visa, for making a request under the Foreigners Order, 1948 seeking permission to enter India. 4. In such circumstances, at present, consideration of the request in Ext.P10 in terms of the provisions contained in Foreigners Order, 1948, does not arise. In the absence of a Visa, there arises no question of this Court to consider the prayer for a declaration. Therefore, I am not persuaded to entertain the writ petition. Writ petition is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/31/08 // True Copy // P.A. To Judge