UNION OF INDIA Vs. BAHARESH BAKSHI

JUDGEMENT

(1.) Heard Ms. Aishwarya Bhati, learned Additional Solicitor General appearing for the appellant - Union of India. Also heard Mr. Ankur Mahindro, learned counsel appearing for the respondent.

(2.) The consideration to be made in this matter is whether the presence of the estranged husband is mandatory to process an application for Overseas Citizen of India (OCI) Card, under Sec. 7-A of the Citizenship Act, 1955. The respondent had filed the WP(C) No.10807/2020 in the High Court of Delhi for dispensing with the presence of the husband of the respondent. The learned Single Judge dispensed with the presence of the husband of respondent and this view was affirmed by the learned Division Bench under the impugned order dtd. 25/3/2022. Hence the Civil Appeal at the instance of Union of India.

(3.) In the Writ Petition, the respondent claimed that she is an Iranian citizen and is married to Mr. Paul Fel-El-Dingo D'Silva, an Indian citizen. He had converted to Islam, on 30/11/2008 and thereafter the marriage was solemnized in Dubai, UAE on 13/5/2009. The marriage certificate issued to the couple was translated by an Authorised Translator and certified by the Consulate General of India at Dubai, UAE. However, the respondent claims that disputes arose between Mr. Paul and her, shortly after they consummated the marriage, which led to her initial return to Iran and her subsequent relocation to Bengaluru at his insistence. It is the respondent's case that Mr. Paul claimed to have financial difficulties which motivated her to pursue her Postgraduate degree in Biotechnology in Bengaluru and her Doctorate from Mysore University to contribute to the family income. However, in the meanwhile, the relationship soured between the respondent and Mr. Paul and he left her in Bengaluru, to reside with his family in Goa. Consequently, the respondent instituted a maintenance petition under Sec. 125 of the Criminal Procedure Code, 1973, against her estranged spouse, before the learned Family Court in Bengaluru and was awarded a monthly maintenance amount of Rs.15,000.00. Mr. Paul appealed against this order before the High Court of Karnataka, but was unsuccessful. On 17/11/2020, the respondent applied on the website for Overseas Citizen of India(OCI) Card under Sec. 7(1)(d) of the Citizenship Act,1955 and generated her application for an OCI card on the basis of her marriage to Mr. Paul, and went to submit it to the local FRRO in Bengaluru on 4/12/2020. However, the officials refused to accept the form stating that the presence of Mr. Paul was necessary for processing her application for registration. It is in this context that the petition before the Delhi High Court came to be filed. The Respondent is aggrieved by the Appellant's insistence on the physical/virtual presence of her estranged spouse, who is admittedly an Indian citizen, for the purpose of processing her OCI card application.