Child born of live-in relationship to get exit permit

The writ petition filed on behalf of the minor Shumaylah Nayyab Hazirah through her mother Shrein Bencita, a Swedish citizen, contended that she got married to one Jan Johan Viktor Abom in 1991 and begot three children through him.

She came to India and had a live-in relationship with one Aroon. Through him, Shumaylah was born on July 06, 2011.

But now, she wants to return to Sweden. Though, there cannot be any difficulty for her because she is a Swedish Citizen, she can’t take Shumaylah as her application seeking grant of exit permit for him has not been considered by the Bureau of Immigration.

The Assistant Solicitor General V Kathirvelu appearing for Ministry of Home Affairs and the Bureau of Immigration submitted that the petitioner should enclose two more documents viz the marriage certificate performed with the said Aroon and a no objection certificate from Aroon to take the child to Sweden.

Her counsel contended that while the no objection certificate was not an issue and it would be uploaded along with her application, providing the marriage certificate was not a possibility as she was having only a live-in relationship with Aroon.

Based on this, Justice G R Swaminathan on holding that the child cannot be left in the lurch, said “These are matters in which the interest of the child alone should rank paramount. Interest of justice require the Bureau of Immigration to grant the exit permit sought for.”

Thereafter, Justice Swaminathan directed the Bureau of Immigration to accept the no objection certificate from the biological father of the petitioner and the affidavit indicating the live-in nature of her relationship with Aroon through which the petitioner herein was born and grant the exit permit assought for.