IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

R.Shantha Sakunthala ... Petitioner

Vs.

1 UNION OF INDIA

REPRESENTED BY:

THE SECRETARY,

MINISTRY OF EXTERNAL AFFAIRS,

SOUTH BLOCK, RAISINA HILL,

NEW DELHI – 110 011.

2 FOREIGNERS REGIONAL REGISTRATION OFFICE (FRRO)

REP. BY THE FRRO OFFICER,

FRRO CHENNAI,

BUREAU OF IMMIGRATION,

GOVERNMENT OF INDIA,

SHASTRI BHAVAN,

NO.26, HADDOWS ROAD,

NUNGAMBAKKAM,

CHENNAI – 600 006,

TAMIL NADU.

3 UNION OF INDIA

REPRESENTED BY:

THE SECRETARY,

MINISTRY OF HOME AFFAIRS,

NORTH BLOCK,

CENTRAL SECRETARIAT,

NEW DELHI – 110 001.

4 DIRECTOR (OCI) / CPIO AND MINISTRY OF HOME AFFAIRS (FOREIGNERS DIVISION), 1ST FLOOR, MAJOR DHYAN CHAND NATIONAL STADIUM, INDIA GATE CIRCLE, NEW DELHI – 110 002.

5 JOINT SECRETARY (FOREIGNERS)

FIRST APPELLATE AUTHORITY, MINISTRY OF HOME AFFAIRS, ROOM NO.4, HERITAGE BUILDING, MAJOR DHYAN CHAND NATIONAL STADIUM, INDIA GATE CIRCLE, NEW DELHI – 110 002.

6 BABU PRASAD (R6 suo motu impleaded vide order dated 30.07.2025 made in WP.35207/2024 by NAVJ) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, commanding the respondents to forthwith process and issue the Overseas Citizen of India (OCI) card for the petitioner’s minor son Atharva Prasad, born on 26.12.2020, aged about 3 years and 9 months, bearing Passport Number 661003221, whose application vide OCI Application Number INDC0027FN22 and Application ID 090522R164YD remains unjustly pending before the second respondents within a stipulated time frame.

For Petitioner : M/s.R.Sumithra Chakkaravarthi For Respondents : Mr.AR.L.Sundaresan for R1 to R5 Additional Solicitor General of India Assisted by Mr.C.Samivel Sr.CGSC (SPC)

Mr.N.R.Elango for R6 Senior Counsel for M/s.A.S.Aswin Prasanna

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus, directing the respondents to process and issue Overseas Citizen of India (OCI) card for the petitioner’s minor son Atharva Prasad, bearing Passport Number 661003221, whose application vide OCI Application Number INDC0027FN22 and Application ID 090522R164YD is pending before the second respondent within a stipulated time frame.

2.The learned counsel appearing for the petitioner submitted that the petitioner was married to one Babu Prasad/ sixth respondent who was employed in USA since 2015, on 03.02.2017 at Coimbatore and after marriage, on 21.04.2017 the petitioner left to USA and joined her husband in Washington. During November 2019, the petitioner’s husband purchased a house property in USA jointly with the petitioner’s name and the petitioner also contributed money for purchase of the said property. Out of their wedlock, a male child named Atharva was born on 26.12.2020 in the United States and by birth, the minor child became an American citizen.

3.The learned counsel appearing for the petitioner further submitted that thereafter, matrimonial dispute arose between the petitioner and the sixth respondent. Thereafter, the petitioner received summons from the U.S.Superior Court of King County, Washington stating that her husband has filed case for dissolution of marriage and an exparte restraining order was served upon the petitioner on 16.01.2022 preventing the child to travel to India. The US Court vide order dated 25.04.2022 declared the petitioner as the temporary primary custodian of the minor child and permitted the petitioner to travel to India along with the minor with a condition of USD 15,000 would be forfeited by the sixth respondent if she did not return back the child to USA within 14 days.

4.The learned counsel appearing for the petitioner further submitted that with great difficulty the petitioner came to India along with her son during May, 2022, however, the petitioner was unable to travel to USA to continue the litigation. Thereafter, the petitioner filed application on 11.05.2022 before the second respondent for her minor son’s registration as an Overseas Citizen of In