SAHAR GHARACHORLOO Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The Writ Petitioner was born on 3.9.1976. She came to India to carry on her educational pursuit in 1996 on study Visa. She married on 25.12.2004 at Gurudwara in Sector 46, Chandigarh during the time when she was still a student. She graduated in Human Resources Management in 2006. After her marriage, she started working with a company at Chandigarh. She was granted residential permit under the Foreigners Order, 1948. Due to some matrimonial discard, her husband re-married after adhering to Talaknama under the Muslim law. She has challenged the Talaknama by filing a civil suit.

(2.) The petitioner applied for citizenship by naturalisation as she has been in India ever since 1996. Her application was duly entertained by the respondents. The petitioner was informed vide communication dated 25.3.2013 that her application shall be accepted for registration as a citizen of India subject to fulfilment of two conditions. The petitioner applied through the State for renunciation of her present nationality. She was informed by Islamic Republic of Iran, New Delhi that her request has already been received. The petitioner was not given Indian citizenship as the original renunciation certificate was not produced. The petitioner wishes to renounce her Iranian citizenship. Though she applied about ten months ago for renunciation of her citizenship she had not received any communication from the Islamic Republic of Iran.

(3.) The petitioner has sought a mandamus directing the respondents to grant Indian citizenship by naturalisation under Sec. 6(1) of the Citizenship Act, 1955 without insisting for the letter of renunciation of the country of birth of the petitioner.