Chandigarh, March 4:
The Punjab and Haryana High Court has directed the central government to make a prompt decision regarding the citizenship of a five-year-old girl. The case involves a child born to an Indian mother and a Pakistani father, currently residing in India with her mother. The court has also instructed the government to consider extending the child’s stay in India.
Indian Woman from Malerkotla Married a Pakistani Citizen
The case revolves around Gulfasha, an Indian citizen from Malerkotla, Punjab, and her daughter Hadia Afridi. Gulfasha married a Pakistani citizen on February 14, 2019, under Muslim customs and moved to Pakistan. However, she retained her Indian citizenship and did not surrender her Indian passport.
Mother Returned to India After Divorce
Over time, the marriage did not work out, and her husband divorced her as per Islamic law. Following the divorce, Gulfasha returned to India with her five-year-old daughter, Hadia. Since the child was born in Pakistan, she is legally considered a Pakistani citizen. Meanwhile, Hadia’s father has initiated legal proceedings to gain custody of the child.
Petition Filed in High Court
Hadia’s mother submitted an application to the Ministry of External Affairs on January 31, 2025, requesting an extension of her daughter’s stay in India and a decision on her citizenship. However, as no action was taken on the application, a petition was filed in the High Court.
High Court’s Directive to the Central Government
During the hearing, Additional Solicitor General of India, Satya Pal Jain, assured the court that the concerned authorities would make a decision if given sufficient time. Considering the unique circumstances of the case, Justice Kuldeep Tiwari directed the government to review the application with full sympathy and take an appropriate decision within three months.
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