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2012 Supreme(All) 1252

SYED RAFAT ALAM, VIKRAM NATH
POOJA MALHOTRA – Appellant
Versus
PANKAJ MALHOTRA – Respondent


Advocates:
Counsel :
S. Shekhar,V.K. Singh, R.P. Dwivedi, H.N. Singh and Vineet Kumar Singh for the Petitioner; C.S.C., H.N. Singh and Vishal Kakkar for the Respondent.

JUDGMENT

Hon’ble Vikram Nath, J.—After Courtship of seven years, appellant No. 3 Anupma Malhotra and respondent No. 1. Pankaj Malhotra tied their knots in December, 1995, in India. At the time of their marriage they were both Indian Citizens. On 19.11.1996 while in India they were blessed with a girl child Hena. In search of better career, the couple alongwith their daughter Hena, shifted to New Zealand on April 10, 1997. While working in New Zealand in November, 1999 they surrendered their Indian Passport and accepted the citizenship of New Zealand. While in New Zealand, they were blessed with another daughter Pooja on 3.10.2000 and a son Krish on 13.6.2006. Both Pooja and Krish were born in New Zealand, as such they were natural citizens of New Zealand by birth. Entire family of five are thus citizens of New Zealand. They have not surrendered their citizenship of New Zealand and even till date are continuing to be its citizens. The family is also registered as overseas citizens of India after the insertion of Section 7A by Act No. 32 of 2005 in the Citizenship Act, 1955. The Indian Embassy at New Zealand has also issued ‘OCI’ Card ‘as it is called’ to the entire family to continu










































































































































































































































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