AISHA MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are before this Court seeking a direction by issuance of a writ in the nature of mandamus to consider their representation dtd. 5/5/2022 filed through their mother, natural guardian for issuance of a passport in their favour and also grant them citizenship in terms of law.

(2.) Heard Sri S.Sudharsan, learned counsel appearing for the petitioners, Sri Aditya Singh, learned Central Government Counsel appearing for respondents 1 and 3 and Sri B.V. Krishna, learned Additional Government Advocate for respondent No.2.

(3.) Brief facts that lead the petitioners to this Court in the subject petition, as borne out from the pleadings, are as follows:- The petitioners are the children of one Smt. Ameena Rahil and Sri. Assad Malik, mother and father, who will be hereinafter referred to as such. The mother of the petitioners is an Indian citizen. The father of the petitioners is a Pakistan national. Marriage between the two would take place on 11/4/2002 at Dubai, United Arab Emirates (UAE). The petitioners were born from the wedlock at the UAE and are currently aged 17 and 14 years respectively. Long after the marriage and birth of the petitioners herein there were non-compatible issues between the father and the mother and accordingly, they approached the jurisdictional personal Court at Dubai. The Court on considering the application in terms of personal laws applicable to wife and the husband dissolves the marriage on 7/9/2014. After the dissolution of marriage, the mother of the petitioners was conferred with permanent and sole custody of the minor children i.e., the petitioners herein. The husband had himself relinquished all his claims over the custody of his children and had filed such an agreement before the concerned Court at Dubai. Therefore, the petitioners are in the custody of the mother is the averment which is in tune with the records produced.