JACQUELINE CHANDANI Vs. DEPUTY DIRECTOR ENFORCEMENT DIRECTORATE MADRAS

JUDGEMENT

(1.) Action is brought by the petitioner for quashing the order under Annexure-G dated 27-12-1982 passed by the Deputy Director, Enforcement Directorate, Madras (respondent-1) as well as the Notification issued by the Union of India (respondent-2) under Annexure-H dated 21-5-1979 published in Gazette of India Part-II dated 2-6-1979 besides a writ of prohibition restraining the respondents from enforcing the provisions of Ss.8(1), 14 and 19(1)(e) of the Foreign Exchange Regulation Act, 1973.

(2.) The material facts are that the petitioner is a citizen of United States of America (U.S.A.) by birth and origin holding an U.S. Pass Port. She was married in 1967 to one Jagdish Chandani of Indian origin when he was permanently residing in U.S.A. He shifted his residence from U.S.A. to India by the end of 1966. It was during his visit to U.S.A. in 1967 that the marriage took place.

(3.) Before the marriage of the petitioner, she was residing with her parents in U.S.A. and her parents are citizens of America by birth and origin. Prior to her marriage, she was employed and all her savings from her earnings were deposited from time to time by her in her Bank account maintained with Winters National Bank and Trust Company, Dayton Ohio, U.S.A. and the operation of the accounts continued even subsequent to her marriage. After her marriage, she did not renounce her citizenship of America and when she came to India, she registered herself as a foreigner under the Foreigners Act, 1946. Her Visa is being extended from time to time by the concerned authorities in India. She claims that she is a citizen of U.S.A. and not India and that she cannot be treated as a citizen of India even under the provisions of the Citizenship Act, 1955 and the Rules made thereunder.