LAXMI AMBEKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The captioned writ petition is filed seeking a direction to respondent No.1 to issue an Overseas Citizen of India (OCI) Card to petitioner No.2 and further to grant appropriate relief in the nature of temporary sole legal custody to petitioner No.1 so as to enable her to secure a U.S. passport for petitioner No.2 from the U.S. Consulate.

(2.) Petitioner No.1 and respondent No.2 were husband and wife, and petitioner No.2 is their minor daughter. Petitioner No.1 is an Indian citizen holding a valid Green Card of the United States, whereas respondent No.2 and petitioner No.2 are citizens of the United States.

(3.) It is the specific case of petitioner No.1 that post the birth of petitioner No.2, she was subjected to cruelty at the hands of respondent No.2, which compelled her to take shelter with her brother in the United States. In this backdrop, she approached the competent Superior Court in California, which, upon adjudication on merits, passed a custody order coupled with a restraining order on 18/7/2024.