UNION OF INDIA vs BAHAREH BAKSHI - 2024 Supreme(SC) 732

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 732

HRISHIKESH ROY, SUDHANSHU DHULIA, S. V. N. BHATTI
UNION OF INDIA – Appellant
Versus
BAHAREH BAKSHI – Respondent

Advocates appeared:
For the Appellant : Mrs. Aishawrya Bhati, A.S.G. Mr. B K Satija, Adv. Mr. Merusagar Samantaray, Adv. Mrs. Savita Singh, Adv. Mr. Ishaan Sharma, Adv. Mr. Parantap Singh, Adv. Mr. Mriyank Pathak, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Akshja Singh, Adv.
For the Respondent: Mr. Ankur Mahindro, Adv. Mr. Rohan Taneja, Adv. Mr. Mohit Dagar, Adv. Mr. Aditya Kapur, Adv. Mr. Soumil Gonsalves, Adv. Mr. Ankush Satija, Adv. Mr. Rohit Bishnoi, Adv. Ms. Vaishali S, Adv. Ms. Shubhangi Jain, Adv. Ms. Sugandha Anand, AOR

JUDGMENT :

1. Heard Ms. Aishwarya Bhati, learned Additional Solicitor General appearing for the appellant – Union of India. Also heard Mr. Ankur Mahindro, learned counsel appearing for the respondent.

2. The consideration to be made in this matter is whether the presence of the estranged husband is mandatory to process an application for Overseas Citizen of India (OCI) Card, under Section 7-A of the Citizenship Act, 1955. The respondent had filed the WP(C) No.10807/2020 in the High Court of Delhi for dispensing with the presence of the husband of the respondent. The learned Single Judge dispensed with the presence of the husband of respondent and this view was affirmed by the learned Division Bench under the impugned order dated 25.03.2022. Hence the Civil Appeal at the instance of Union of India.

3. In the Writ Petition, the respondent claimed that she is an Iranian citizen and is married to Mr. Paul Fel-El-Dingo D’Silva, an Indian citizen. He had converted to Islam, on 30.11.2008 and thereafter the marriage was solemnized in Dubai, UAE on 13.05.2009. The marriage certificate issued to the couple was translated by an Authorised Translator and certified by the Consulate General of In