Delhi HC declines Afghan's plea to direct wife to return
What's the story
The Delhi High Court has declined the plea of an Afghan national to direct his wife and their two children, who have obtained refugee status in India, to return with him, after the three expressed their unwillingness to live with him. The court also denied him visitation rights to meet his children noting that the two have expressed their reluctance to meet him.
Information
Afghan man's wife has obtained refugee status for herself, kids
A bench of justices S Muralidhar and Vinod Goel noted that the man's wife has obtained refugee status for herself and two children under the mandate of United Nations High Commissioner for Refugees (UNHCR) and their refugee ID cards are valid till April 12, 2019.
Security of children
There's no threat to safety of children in India: Court
The court said there was nothing on record to indicate any threat to the safety and security of the children or their overall development harmed during their stay in India. "Consequently, the court has no hesitation as far as the present petition is concerned in declining the relief sought for by the petitioner," the bench said while dismissing the man's plea.
Unwillingness
Children expressed unwillingness to meet father whenever he visits India
Petitioner's counsel sought an order regarding visitation rights to the father whenever he visits India. However, as the children, aged nine and four years, weren't inclined to meet him, the bench said it wasn't possible at this stage to issue any omnibus order regarding his visitation rights and that he may seek the relief in other appropriate proceedings available to him under the law.
Marriage
The couple got married in 2008 in Kabul
According to the plea of the Afghan national, he married the woman in 2008 in Kabul and two sons were born to them in 2009 and 2014. All of them had come to India on a tourist visa on February 18, 2017, and were staying in Kalkaji in south Delhi at a close friend's residence, the petition said.
Details
Wife, kids had gone to park, didn't return home
The petition also said that the wife had gone to a park with the kids on March 8, 2017, but didn't return home. The petitioner had then approached the police, but it lodged a complaint only on March 14, 2017. The police, thereafter, traced the woman and both she and her husband were called to the Kalkaji police station on March 24, 2017.
Information
Wife said she doesn't want to live with man: Petition
At the police station, the woman said she does not want to live with him and it was then that he came to know that she and the kids have obtained temporary refugee status, the petition has claimed.