Supreme Court Mandates Spouse’s Presence for OCI Applications

Introduction 

Recently Supreme Court of India has addressed that for the verification of the authenticity of the Overseas Citizens of India (OCI) Card , the presence of the spouse either Physically or Virtually is Mandatory under the the Citizenship Act of 1955.

Background of the case

This case involving an Iranian National Bahareh Bakshi who wanted to apply for the Overseas Citizens of India (OCI) Card. In 2009 , Bakshi married to Indian National Paul Paul Fel-El-Dingo D’Silva an Indian citizen, after her conversion to Islam. She subsequently got relocated to Bangaluru on the insist of the husband.

Later , the relationship between the couple got souredabd the husband left her wife to reside with his family in Goa. However in 2020 , when she applied for the OCI card zwoth FRRO in Bangalore. The company compelled her for the presence of her spouse. Due to their disturbance in the relationship, she told the company that her husband may not appear for personal interview. The Delhi High court supported the lady’s contentions.

KEY LEGAL ASPECTS

• The Delhi High court first supported the contentions of the lady. But later Supreme Court of India overturns the High court’s decision and declared the High court Judgement as unsustainable.
• The Supreme Court of India held that it is mandatory of the presence of the spouse either Physically or Virtually for the Overseas Citizens of India (OCI) Card under the Citizenship Act of 1955.
• More over the Supreme Court of India held that the apart from presence of the spouse there are other Conditions which are to be also presented as under the Citizenship Act of 1955.checklist and the Visa Manual for which a decalrtiyof the spouse can be necessary.
• The counsel of the lady contended that for the visa mannual and checklist there is no mandatory interview under section 7 A (d) of the Citizenship Act of 1955.
• The Supreme Court of India to this said that under section 7 (A) 1 specially mentions specifically notes that the registration of OCI Card by the Central Government is ‘subject to such conditions, restrictions and manner as may be prescribed’. Therefore this act clearly states and allows for the supplementary procedure for the Interview.
• The counsel of the lady also contented to allow to consider this case as special circumstances because of the disturbance in relationship to which the court said that such a case depends upon the Central Government not on Judiciary.

CONCLUSION 

To conclude Supreme Court of India made it mandatory for either Physically or Virtually presence of the spouse for the consideration of Overseas Citizens of India (OCI) Card under the Citizenship Act of 1955. The Supreme Court of India held that the judgement of the High court on this issues as unsustainable. The supreme court of India also clearly notes that situations of special cases of this cases will be negotiated by the Central Government not Judiciary.

This case underlines the importance of the following of the laws and procedures mentioned in the Citizenship Act of 1955.

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WRITTEN BY: PRATIKSHA SWAIN