IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Seher Gogia v The Foreigners Regional Registration Officer & Anr.
1. Traveling and going abroad for employment or studies has become increasingly common and for some have it has even become a hobby. Many people have lofty goal to travel and explore all parts of the world. However, pregnant women face greater challenges when traveling to foreign countries. There are cases of babies being born during a temporary stay abroad. This raises an important question regarding nationality of children
born, while their mothers are temporarily residing in a foreign country.
2. Children born to Indian citizens outside India often face great challenges relating to citizenship. Such children automatically acquire the citizenship of the country where they are born, however, they encounter difficulties when their Indian parents return and decide to reside in India. Under these circumstances, these children are classified as “Non-Resident Indian” (NRIs). This raise important questions viz., Whether children born abroad to Indian citizens can acquire Indian citizenship or not; and Whether they need to extend their Visas to stay in India; and Whether they are entitled to get Overseas Citizenship of India Card or not. All these issues form the core of the instant writ p
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