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Indian father, German mother seek damages for son’s visa delay

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  • An Indian artist and his German wife, fighting for person-of-Indian-origin (PIO) status for their five-year-old son, are so upset by the delay in getting his visa extended that they have moved court seeking damages. The Bombay High Court has admitted the application.

    Dhananjay Paranjpe, also called Mumbiram, married Nadine, also known as Vrinda, in 2002. After their son Hansraj was born in India, the couple began efforts to get PIO status for him; Vrinda already had a five-year visa. Following the court’s intervention, the authorities have issued mother and child only an “X visa”, which allows them to extend their stay for the prescribed duration.

    The couple has sought damages of Rs 5, 000 for every day’s delay over a year in getting the extension. Meanwhile, they are continuing their fight for PIO status so that the boy could get admitted to a school.

    Vrinda submitted that they had to visit the police station 200 times to get a routine visa extension. She termed it flagrant violation of the couple’s fundamental rights.

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    “We had turned into illegal aliens through no fault of ours. If this is how a proud Indian artist with an international family is treated in Maharashtra, then we have no hope,” Vrinda said.

    A division bench of Justice Ranjana Desai and Justice Rajesh Ketkar had earlier asked the state as well as the Foreigners Regional Registration Office (FRRO) if the child can be given admission if he had an X visa. Additional public prosecutor Usha Kejriwal produced a government circular stating that admission can be given to such visa holders.

    Mumbiram said they are living under the shadow of deportation as the child is staying on a tourist visa. The couple, who had their second child recently, have been living in Alibaug since October 2006.

    Hansraj was a year-and-a-half old when the couple applied for a five-year visa, three months before expiry of the visa he was holding. The five-year visa was not processed and the child had to go to Germany and later return on a tourist visa, on which he stayed till the X visa was issued, Mumbiram said.

    “The petition for compensation has been admitted,” confirmed FRRO counsel Revathi Dere.

    your son is indian citizen by birth why did you take all the trouble see what the law saysBy: dooolite | 24-Jul-2009 Reply | Forward Foreigners DivisionSynopsis of the Citizenship Act, 1955By Birth (section 3)A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents. A person born in India on or after 1st July 1987, is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth. Further, those born in India on or after 7th January 2004 are considered citizens of India only if both of their parents are citizens of India or one of whose parents is a citizen
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