The wife and kids have been granted temporary refugee status till April 18 by the United Nations High Commissioner for Refugees (UNHCR).
Justice Sanjeev Sachdeva, who was not inclined to pass any order in the matter, gave the man time till April 19 to show any law under which the court can direct the Centre to deport the woman and her sons when they have refugee status.
The court said the man should make a representation to the central government for deporting his wife.
According to the plea of the Afghan national, he married the woman in 2008 in Kabul and two sons were born to them in 2009 and 2014.
All of them had come to India on a tourist visa on February 18, 2017 and were staying in Kalkaji in south Delhi at a close friend's residence, the petition said.
It also said that the wife had gone to a park with the kids on March 8, 2017, but did not return home.
The police, thereafter, traced the woman and both she and her husband (the petitioner) were called to the Kalkaji police station on March 24.
At the police station, the woman said she does not want to live with him and it was then that he came to know that she and the kids have temporary refugee status, the petition has claimed.
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