In landmark ruling, CA strikes down husband’s consent rule for foreign spouse visa extensions

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Jan 26, 2026
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Emphasises State's obligations to protect vulnerable women; orders Immigration Chief to extend visa for victim of domestic abuse

In the case of a foreign spouse—a victim of domestic abuse—being denied a visa extension by the Department of Immigration and Emigration because she could not produce a consent letter from her estranged husband, the Court of Appeal this week ruled that imposing such a requirement on a victim of violence constitutes a legal impossibility and contradicts established migration guidelines.

Justice K. Priyantha Fernando, with Justice Rohantha Abeysuriya, PC, agreeing, ordered the Controller General of Immigration to issue the visa and waived a fine previously imposed on petitioner, Indian national Maheshwari Kalyana Sundaram, for overstaying.

Read more in yesterday's Sunday Times edition here