Right to life include right of young children to live with their mother and right of husband to consortium with his wife: Read Judgment in Brief Amaresh Patel LANDMARK JUDGMENT Fri, May 31, 2019, at ,01:16 PM Title of the Case – Right to life include right of young children to live with their mother and right of husband to consortium with his wife Name of the case – Mohd. Javed & anr v. Union of India, LPA 168/2019 & CM No. 11617/2019 (delhi High Court) Date of Judgment – 28th May, 2019 Judges: Chief Justice (Delhi) Rajendra Menon and Anup Jairam Bhambhani Subject and sections involved – Article 21 of the Constitution of India. Issue: Whether Notice directed by Nausheen to leave India is valid? Fact of the Case: Mohd Javed, who is resident of India, and Nausheen Naz, citizen of Pakistan, married to each other, and has two children studying in Delhi Schools. She has been residing in India on the basis of a long term visa issued to her in the year 2015. Having been born in India, both children are Indian citizens. As per a tabulated summary of Nausheen‟s dates of arrival in and departure from India handed-up by the Ministry of Home Affairs („Ministry‟, for short), Nausheen came to India first in August 2005 on a “visitor visa” and returned to Pakistan in September 2005. Notice dated 07.02.2019 captioned LEAVE INDIA NOTICE‟, the Ministry directed Nausheen to leave India within fifteen days of receipt of the Notice. The single bench of the High Court had dismissed their plea challenging this notice, observing that Nausheen does not have any right to reside in India, since the matter of granting visa is at the discretion of the Government of India. Ratio of the case - The division bench of Delhi High Court observed that the first instance may be a matter of pure discretion with the authorities, curtailing the liberty of residing in the country during the validity of an LTV cannot be permitted except by a reasoned decision. The Court said this context that In our view, the right to life under Article 21 of the Constitution of India would include the right of young children to live with their mother and the right of a husband to consortium with his wife; and State entities cannot be permitted to deprive Nausheen’s sons and husband of these rights, merely by a stroke of the pen, in a manner that smacks of authoritarianism, without authority of law and without complying with basic tenets of natural justice and without affording her an opportunity of hearing to answer any matter alleged against her.