Administrative authorities cannot apply executive guidelines regarding visa extensions in a mechanical or rigid manner, particularly when compelling humanitarian circumstances are presented that warrant the exercise of discretionary power consistent with the principles of fairness and reasonableness under Article 14 of the Constitution.

O R D E R:

Petitioner is a Russian national bearing Passport No. 769734116, who pursued her education in Linguistics and obtained a Specialist Diploma in Foreign Languages and Cultures from Vologda University, Russia. It is stated that upon completion of studies, she engaged in translating Indian literature into Russian and, since 2018, has been actively involved in voluntary seva activities with Sri Sathya Sai Prakashana, Muddenahalli, including assisting in translation of Bhagavad Gita into Russian. It is further stated that her association with the said organization necessitated frequent travel to India.

1.1. It is stated, petitioner was in a relationship of eight years with her husband late Mr. V.M.R. Swarag, during which period she visited India on multiple occasions on Tourist Visas to meet him and his family, and though they intended to marry earlier, the same was postponed in anticipation of approval from her parents and family in Russia, who, however, ultimately disowned her on account of her decision to marry an Indian national. Thereafter, encouraged by the support of her mother in-law, who is the 2nd Petitioner herein, and other family members, she solemnized her marriage with Late Mr. V.M.R. Swarag on 10.07.2024 in India, after arriving in June 2024 on a Tourist Visa for the purpose of preparing for the marriage, and subsequently, a Certificate of Marriage was issued on 21.03.2025.

1.2. Petitioner states that even after marriage, she periodically travelled to Russia till May 2025 in the hope of reconciling with her parents, but from May 2025 onwards, she has been residing in India with her husband and the 2nd Petitioner, and upon deciding to settle in India, she applied for conversion of her visa, pursuant to which Respondent No.3 granted her an Entry Visa (X-1) with multiple entry on 27.03.2025, valid for a period of one year i.e., from 27.03.2025 to 26.03.2026.

1.3. Unfortunately, her husband expired on 04.10.2025 due to Multiple Organ Dysfunction Syndrome while undergoing treatment for liver failure, and immediately thereafter, she informed Respondent No.3 through an e mail dated 04.11.2025 about the demise of her husband and requested permission to stay in India during the validity of her visa in order to attend the crematory rituals and related ceremonies, but Respondent No.3, without considering her request, responded by a communication dated 06.11.2025 advising her to apply for an exit permit.

1.4. Petitioner’s contention is that she is suffering from chronic vertigo, hypotension, palpitations and extreme nausea, which significantly restrict her ability to undertake long and arduous travel, and further that she has no family support in Russia as she has been disowned by her parents due to her marriage. Her mother-in-law, who is the 2nd Petitioner, is an elderly widow whose husband Late Mr. V.M.H. Gopal expired on 23.09.2019, and her late husband was her only child, and that the 2nd Petitioner is suffering from chronic cardiac ailments, has undergone heart surgery, and has mobility issues and other health complications, thereby requiring constant care and support, which is presently being provided by Petitioner No.1.

1.5. That after enduring an eight-year long-distance relationship and the emotional hardship of being disowned by her family, petitioner, it is stated, was compelled to face the sudden hospitalization and demise of her husband soon after marriage, and in such circumstances, she is in mourning and is required to attend the monthly memorial rites of her deceased h