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M. S. KARNIK, VALMIKI MENEZES
Adv. Aires Antonio Miranda Rodrigues, S/o. Late Dr. Luis Raimundo Rodrigues – Appellant
Versus
Union of India, Through its Secretary, Ministry of Home Affairs, Government of India – Respondent
JUDGMENT :
Valmiki Menezes, J.
Heard Shri A.F. Diniz, learned Senior Advocate, Mr Ryan Menezes, learned Counsel for the Petitioner and Shri Pravin Faldessai, learned Deputy Solicitor General for respondents.
2. Rule. With the consent of the parties, Rule is made returnable forthwith and the petition heard finally.
3. By this petition, the petitioner invokes our jurisdiction under Article 226 of the Constitution of India and throws a challenge to the communication dated 06.06.2024 issued by the Respondent No.2 (FRRO), recording therein that the petitioner's application for grant of Overseas Citizen of India Card (OCI Card), under the Citizenship Act, 1955 is cancelled under Rule 32(2) of the Citizenship Rules, 2009.
The two main contentions raised by the Petitioner, on the basis of which he urges that the impugned communication requires to be quashed are :
(b) That the Respondent No.2 has erred in applying the provisions of Rule 32(2) of the Rul
The authority to cancel an OCI application rests solely with the Central Government, not the FRRO, which acted beyond its jurisdiction.
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The court established that the requirement for spouse presence in OCI applications must consider special circumstances, and arbitrary insistence on presence without such consideration is not legally ....
The main legal point established in the judgment is that an OCI card holder, who is a French National and an Opthon, is entitled to the benefits under the Maintenance and Welfare of Parents and Senio....
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