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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M.
Union Of India – Appellant
Versus
Rasheeda Bano, W/o Mohammed Maroof – Respondent
JUDGMENT :
Sushrut Arvind Dharmadhikari, J.
The present intra-Court Appeal under Section 5 of the Kerala High Court Act, 1958, arises out of the judgment dated 23.07.2024, passed in W.P.(C) No. 18750/2022, whereby the writ petition was allowed. The appellant herein was the respondent No.1 in the writ petition, whereas the respondent Nos. 1 to 3 were the petitioners in the writ petition.
Facts :
2. The brief facts of the case are that the Respondent No.1 is the mother of Respondent Nos. 2 and 3. The husband of Respondent No.1, Sri Mohammed Maroof, was born in India in a village called Kottayam - Malabar, in the Kannur District. He became an orphan at the age of nine, and he was adopted by his grandmother. In 1977, he migrated to Pakistan along with his grandmother. Later on, he was issued with a Pakistani passport. Sri Maroof is now employed in the United Arab Emirates. He had married Respondent No.1, who is the daughter of his uncle. In the year 2008, Sri Maroof's family moved to India based on the permission granted by the Indian Government to stay in India initially for a specific time frame, and thereafter, the said period has been extended from time to time.
2.1 Respondent Nos. 1 to
Compliance with renunciation of foreign citizenship is mandatory for Indian citizenship under the Citizenship Act, reinforcing that dual citizenship is not permitted.
Section 5(1)(d) of Act mandates that both parents are required to be Indian citizens for purpose of grant of citizenship to minors.
A Stateless child is an individual who does not hold citizenship of any State.
A minor's citizenship by birth is not affected by a parent's foreign nationality, ensuring the child's right to an Indian passport.
The court affirmed that obtaining a passport from another country conclusively proves voluntary acquisition of its citizenship, terminating Indian citizenship under the Citizenship Act.
None of the parties could bring to the notice of this Court any legal prohibition in incorporating the name of a non-citizen as the legal guardian in the passport of a minor child.
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