The Delhi High Court directed the Foreigners Regional Registration Office (FRRO) to process and grant an exit permit to a foreign national whose visa had expired.

The Court noted that the impediment to the issuance of the exit permit was the non-uploading of the requisite Form-C by the hotel where the Petitioner was staying.

A Single Bench of Justice Sachin Datta ordered, “In view of the peculiar circumstances of the case due to which the petitioner could not leave India prior to expiry of her visa (i.e. on 06.01.2025), and considering that she has filed the present petition soon thereafter, it is directed that the respondents shall not levy any penalty in terms of Section 14 of the Foreigner’s Act, 1946 on the petitioner, for remaining in India beyond the expiry of her visa.”

Advocate Vivek Tiwari represented the Petitioner, while CGSC Nidhi Raman appeared for the Respondents.

Brief Facts

The Petitioner, a temporary resident of Germany, entered India and later moved to Delhi, where she has been staying in a private residence. Her visa expired on January 6, 2025. The issuance of the exit permit was impeded due to a hotel’s failure to upload Form-C on the FRRO’s e-portal.

The Petitioner approached the Court seeking directions for the issuance of the exit permit to enable her return to Germany.

Court’s Directions

The Court was informed that the FRRO would process the request for an exit permit if the owner of the premises where the petitioner currently resides in Delhi submits and uploads Form-C on the FRRO’s e-portal.

The Court noted that the petitioner’s overstay period had not exceeded 15 days beyond the visa’s expiration. It directed that no penalty be imposed under Section 14 of the Foreigners Act, 1946, provided the petitioner submits Form-C and the necessary documents, including her passport and visa, within 48 hours.

Consequently, the Court directed, “Respondents are also directed to afford to the petitioner a period of 72 hours to make her travel arrangements to Germany upon grant of exitpermit.”

Accordingly, the High Court disposed of the Petition.

Cause Title: Ahlaia Nohina v. Union Of India & Ors. (W.P.(C) 342/2025)

Appearance:

Petitioner: Advocates Vivek Tiwari, Aditya Trivedi and Subhi Pastor

Respondents: CGSC Nidhi Raman; Advocates Zubin Singh and Arnav Mittla

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Delhi High CourtJustice Sachin Datta

Riya Rathore

    Assistant Editor

    Riya Rathore is an Assistant Editor at Verdictum. She completed her B.A. LL.B. (Hons.) from O.P. Jindal Global University in 2018 and went on to pursue her LL.M. in Intellectual Property Law & Technology Law from the Centre for Post Graduate Legal Studies in 2019. Her research interests lie in the areas of Environmental Law, Public Policy, Criminal Justice, and Matrimonial Disputes—fields where the intersection of law and society can be explored. Her academic interests lie in the intersection of Intellectual Property Rights, Data Security, and Cyber Laws. She is also interested in Environmental Laws, Public Policy and Sustainable Development.