HC refuses to waive Covid protocol for UAE national

HC refuses to waive Covid protocol for UAE national

The Petitioner Had Come For Court Proceedings In Gurdaspur

Ajay.Sura@timesgroup.com

Chandigarh:16.03.2021 

Not allowing an international passenger to ignore Covid-19 protocol regarding quarantine norms, the Punjab and Haryana high court has made it clear that "the interest of the individuals cannot be protected at the cost of interest of the public at large".

The HC has made these observations while dismissing the petition of a passenger from UAE who wanted the high court to permit him to ignore the 14-day mandatory quarantine to enable him to attend court proceedings in Punjab in relation to his matrimonial dispute.

While passing the orders, Justice Anil Khshetarpal of the HC observed, "This court is of the opinion that no such writ can be issued. It is well settled that private interest has to give way to the public interest... Due to the spread of Covid-19, the citizens of all the countries of the world are already suffering."

The petitioner, who was working in Dubai Electricity and Water Authority, government of Dubai, was married to a girl from Gurdaspur district in Punjab in February 2016. But due to some temperamental differences between the couple, they started living separately since March 2017. On February 20, 2020, both approached the family court in Gurdaspur seeking divorce with mutual consent. Their first statement was recorded by the family court on February 20 and the second one on August 27, 2020.

However, due to Covid-19 pandemic, the petitioner could not appear before the family court and the matter was adjourned for hearing for February 27.

The petitioner made arrangements to come to India to attend the court proceedings on February 27, 2021. He had also obtained the medical report from Dubai medical laboratory after conducting their Covid-19 test and the report came negative.

They landed at Chandigarh on February 19 where the authorities asked them to give an undertaking to go for a14-day home quarantine from February 19.

The main contention of the petitioner was that he had come to India for recording a second motion statement in divorce petition pending before the family court Gurdaspur on February 27, but due to the undertaking taken by the authorities, he was unable to attend the hearing of the court.

He had sought directions to revoke the order dated February 19, 2021, through which he had given an undertaking for 14-day self-quarantine so that he may attend the hearing before the court in Gurdaspur.

The HC, however, asked the family court Gurdaspur to adjourn the hearing of the case beyond the date of petitioner’s quarantine period.