Master Aavish Dahate & Anr. v. Union of India & Ors.
Case brief
What is this about?
Delhi High Court, W.P.(C) 5099/2025, Justice Sachin Datta, order dated 26.05.2025. Exit visa for child born through surrogacy commissioned pre-Surrogacy (Regulation) Act, 2021 and pre-Surrogacy Rules, 2022; MHA guidelines restricting exit permits for children born of surrogacy to foreign nationals/OCI card holders since 2015; overstay regularisation subject to financial penalty; decision conveyed to Bureau of Immigration on 21.05.2025; petition disposed of directing expeditious grant of exit visa upon payment of penalty. Petitioners: Master Aavish Dahate & Anr. (Advs. Puneet Kumar, Rakesh Kumar, Vipul Kumar, Taniya, Kanika Kalra); Respondents: Union of India & Ors. (Ms. Nidhi Raman, CGSC; Mr. Arnav Mittal, GP; Mr. Akash Mishra, Adv.).
What did the court decide?
Petition disposed of on the basis of the MHA decision: upon payment of the applicable financial penalty for regularising petitioner no.1's overstay period, the exit visa shall be granted to petitioner no.1 expeditiously.