Afghani woman seeks clemency

An Afghani woman has moved the Bombay high court to seek protection from her Indian husband, and has also appealed that she be allowed to return to Kabul without being penalised for overstaying her visa by three years as her husband had reneged on his promise to legalise her stay in the country.

Batol Jan alias Nafeesabi Ismail Ali reportedly fell in love with one Faqir Nabi days after arriving in India, and got married to him in Mumbai in September 2006. Batol Jan has submitted a copy of the nikahnama (wedding certificate) in the court.

“I was made to believe that my husband is taking steps to legalise my stay. But after I delivered a baby girl in July 2007, his behaviour changed,” Jan has stated in her petition.

The petition alleges that she has been threatened by Nabi, who has also refused to help legalise her stay in India.

Batol Jan was granted an Indian visa for the period of September to December 2006, but she got married during the perido and never returned to Afghanistan.

Jan has stated that she had booked a ticket to Kabul on December 2, 2009, but did not board the flight. “I was told that if I go to the airport, I will be taken into custody.”

Batol Jan had arrived in New Delhi on September 23, 2006, and thereafter failed to register herself with the Foreigner Regional Registration Office  in seven days, a mandatory requirement for all Afghani nationals.

“If she arrived on September 23, how could she have been married on September 21, 2006? Also, getting married to an Indian cannot be an excuse to overstay,” stated the FRRO.