LEEANNE ARUNODAY SINGH Vs. MINISTRY OF HOME AFFAIRS

JUDGEMENT

(1.) The Petitioner has challenged the communications issued by the Respondent- Ministry of Home Affairs directing the Petitioner to surrender the Overseas Citizen of India Card (OCI Card).

(2.) The Petitioner is a citizen of Canada. She was married to Respondent No.2, who is an Indian citizen. Marriage was solemnized at Bhopal on 13 December 2016. On 10 May 2019, Respondent No.2 filed a petition for divorce in the Family Court at Bhopal under section 27 of the Special Marriage Act, 1954. On 22 May 2019, the Petitioner applied for restitution of conjugal rights in Family Court at Bandra, Mumbai. The Petitioner filed a transfer petition in the Supreme Court for transferring the case from Family Court, Bhopal to Family Court, Bandra. On 18 December 2019, the Family Court, Bhopal allowed the divorce petition filed by Respondent No.2 and dissolved the marriage. On 17 January 2020, the Petitioner received a notice from the Ministry of Home Affairs, Foreigners Division, OCI Section stating that since her marriage is dissolved, her OCI card be surrendered. On 24 January 2020, the Family Court, Bandra passed an order of status-quo about the flat at Mumbai and embryos preserved in cryopreservation centre. Thereafter the Respondent No.1 issued notices to the Petitioner to surrender OCI card on 26 February 2020, 9 June 2020, 21 July 2020 and 28 August 2020. The Petitioner has challenged the communications directing the Petitioner to surrender the OCI card. The Respondents have filed their reply affidavits.

(3.) We have heard Mr.Banerjee for the Petitioner, Mr.Singh for Respondent No.1 and Ms.Kapadia for Respondent No.2.