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2026 Supreme(Online)(Ker) 27170

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
EGLE GURCYTE – Appellant
Versus
THE UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ABDUL RAOOF PALLIPATH, SHRI.E.MOHAMMED SHAFI, SRI.PRAJIT RATNAKARAN, SMT.ANJU DONY
For the Respondents: SHRI.SUVIN R.MENON

Table of Content
1. petitioner's oci eligibility via spouse's status (Para 1 , 2)
2. discretionary power under citizenship act (Para 3)
3. direction for time-bound application consideration (Para 4 , 5)

JUDGMENT

Petitioners seek for the following reliefs:

“i. Declare that the lst petitioner is entitled to get OCI card as per the Exhibit P5 application filed by her as she fulfils all the statutory criteria for OCI eligibility.

ii. issue a writ of mandamus or such other writ or order directing the respondents to consider the Exhibit P5 application and issue an OCI card to the lst petitioner within such time which this Court may deem fit to grant. “

2. The 1st petitioner is the wife of the 2nd petitioner, the latter of whom was born as an Indian and is presently a citizen of the United Kingdom, holding an Overseas Citizenship of India (OCI) card. By virtue of his position as the holder of an OCI card, the 2nd petitioner's wife is also allegedly entitled by law, to claim the status of an Overseas Citizen of India, provided an application is submitted and the same is approved by the authorities. The 1st petitioner's application for grant of an OCI card, submitted as per Ext. P5, is pending con

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