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2022 Supreme(Del) 161

NAVIN CHAWLA
Union Of India – Appellant
Versus
Bahareh Bakshi – Respondent


Advocates Appeared:
Ms. Nidhi Banga, for the Appellant, Mr.Ankur Mahendru And Mr.Rohan Taneja, Advs, for the Respondent.

ORDER

1. This appeal has been filed challenging the judgment dated 22.07.2021 passed by the learned Single Judge in WP(C) 10807 of 2020, directing the appellant to accept the respondent's application for an Overseas Citizen India card (in short, 'OCI Card') and to process the same in accordance with the law.

2. The learned Single Judge has held that Clause 21.2.5 (vi) of Charter 21 of the Visa Manual (April 2021) (hereinafter referred to as the 'Visa Manual') does not make it mandatory for a personal interview to be conducted for the spouse of the applicant by the Indian Mission/Post/FRRO, as concerned, at the stage of document verification.

3. The learned counsel for the appellant submits that with a view to curb the practice of entering into a marriage of convenience just to obtain an OCI card by foreign nationals, mandatory verification by way of a persona linter view (either physical or through video conference) has been mandated. She submits that in terms of Section 7A of the Citizenship Act, 1955 (in short, the 'Act'), such spouse, in fact, is to be subjected to a prior security clearance by the competent authority in India and therefore, insistence on the applicant's spouse als

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