HC directs Centre to decide on residency of Pakistan-born 5-year-old caught in legal limbo
CHANDIGARH: The Punjab and Haryana high court has directed the central govt to decide on the extension of stay for a minor girl born to an Indian mother and a Pakistani father in a legal battle that blurs the lines of nationality, citizenship, and parental rights.
Mar 3, 2025, 21:46 IST
The minor girl, Hadia Afridi, was born in Pakistan to an Indian mother, Gulfasha, and a Pakistani father. The couple's marriage has since been dissolved, leaving the child in an uncertain situation. Justice Kuldeep Tiwari passed the order after disposing of a petition filed by Hadia Afridi, through her mother, seeking direction for an extension of her stay in India.
The Punjab and Haryana High Court has directed the central government to decide on the residency status of a five-year-old girl, Hadia Afridi, born in Pakistan to an Indian mother and Pakistani father, who is currently in a legal limbo regarding her stay in India.
Background:
Parentage and Birth: Hadia Afridi was born in Pakistan to Gulfasha, an Indian citizen, and her Pakistani husband in 2019. The couple's marriage has since been dissolved, leading Gulfasha to return to India with her daughter.
Citizenship Status: Given her birth in Pakistan, Hadia holds Pakistani citizenship, which has complicated her residency status in India.
Legal Proceedings:
Petition Filed: Gulfasha filed a petition on behalf of her daughter, seeking an extension of Hadia's stay in India.
Court's Directive: Justice Kuldeep Tiwari instructed the central government to consider Hadia's case sympathetically and to decide on her residency application within three months.
Current Situation:
The central government is expected to review and decide on Hadia's application for an extension of her stay in India within the stipulated three-month period, as directed by the High Court.
This case underscores the complexities surrounding citizenship and residency rights of minors born to parents of different nationalities, especially when marital relationships dissolve.