GRACA BEATRIZ FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. J. Lobo, learned counsel appearing for the petitioner and Mr. S. R. Rivonkar, learned Public Prosecutor appearing for the respondents.

(2.) A short grievance which arises in the above Writ Petition upon hearing Mr. J. Lobo, learned counsel appearing for the petitioner and Mr. S. R. Rivonkar, learned Public Prosecutor appearing for the respondents is that despite of the fact that an application was filed by the petitioner on behalf of her minor daughter way back on 12.02.2014 addressed to the Collector of Goa to register the minor child as an Indian citizen in terms of Section 3(1)(c) read with Section 5(4) of the Indian Citizenship Act, 1955 ( herein after referred to as 'the said Act" ) such application has not been disposed of. It is also pointed out by the learned counsel appearing for the petitioner that thereafter the petitioner had submitted an application along with Form IV on 19.05.2014 in compliance with the requirement of Section 5(4) of the said Act. The dispute raised by the respondents in their affidavit in reply is that in view of the Circular issued by the Central Government and circulated to the respondents, all the applications for registration are to be made online. But however, it is the contention of Mr. Lobo, learned counsel appearing for the petitioner that the application filed by the petitioner have not been uploaded as according to him Form IV which is a requirement to comply with Section 5(4) of the said Act is not available on the website and as such it was submitted manually.

(3.) The dispute in the above petition with regard to the citizenship of a minor child is an offshoot of a matrimonial discord between the petitioner and her husband who is a British National. It appears that there are proceedings pending before the Court with regard to the custody of the minor child. It is pointed out by Mr. Lobo, learned counsel appearing for the petitioner that in such proceedings the interim custody of the child has been given to the petitioner herein.