Karnataka High Court Allows Mother To Approach MEA For OCI Card To Enable Aadhaar For US-Born Child

The Karnataka High Court on Wednesday (January 28) permitted a woman to file an application with Ministry of External Affairs for issuing an OCI card for her USA born son–residing presently in India–which would be a required document for issuing an Aadhaar card in her son's favour. 

The court was hearing the minor boy's plea–represented by his mother–seeking a direction to the Unique Identification Authority of India (UIDAI) to issue an Aadhar card in his favour. For context, Aadhaar cards can be issued to children as well. Notably children under the age of 5 years can be issued a Baal Aadhaar card.

In the present case the minor boy was born in USA and his parents were estranged, and his school certificate was not accepted by the authorities for issuance of Aadhaar card. 

After hearing the matter for some time Justice BM Shyam Prasad in his order dictated:

"The petitioner is a boy aged 10 years whose parents are estranged and he is represented in these proceedings by his mother. His father has remained absent. The petitioner was born in USA and holds passport which was valid between 9-10-2015 and 8-10-2020. The petitioner has been in India from the age of 2.5 years and he seeks directions to UIDAI to issue him with an Aadhaar card. Shri Shivkumar learned senior standing counsel who appears for second respondent (UIDAI) as well as Union of India is categorial that the petitioner's request for Aadhaar card cannot be processed on a bonafide certificate issued by the school in which he studies, unless such certificate is accompanied by an OCI card or a valid passport".

The counsel for the UIDAI submitted that if the petitioner's mother files an application with the Secretary Ministry of External Affairs(MEA), Government of India, New Delhi, the request for issuance of OCI card would be considered based on verification of the documents such as the passport or the details that the mother can file on the estrangement and on her son's residence in India. 

The court thereafter said: 

"...this court opines that it would enable expedited redressal of the petitioner's grievance if the petitioner's mother files an application with Secretary Ministry of External Affairs, Government of India, New Delhi for OCI card of the petitioner. Therefore by this interim order the petitioner's mother is reserved with liberty to file an application with Secretary Ministry of External Affairs over email enclosing all the documents including the passport, calling upon Shri Shivkumar to use his good offices to see that there is expedited consideration". 

The matter is listed on February 17. 

During the hearing the court noted that the child had been India for the last 7-8 years and is studying in a school. "Father is not interested. How does he go about pursuing his education...What is he expected to do?" the court orally said. 

The respondent's counsel said that the petitioner is expected to either provide an OCI card or US passport, and that in the present case both the documents were not there.

Meanwhile the petitioner's counsel said that the petitioner had made an attempt by sending an email to US embassy for issuance of a duplicate passport or OCI card, but they did not respond. "I'm now helpless," he added. 

The court further orally said,"This is not an adversarial...He is a young child, parents are estranged. Mother will have to fight the battle alone. He is presented with a maze. Please tell us to whom should mother make an application for OCI". 

The respondent's counsel said that OCI is issued by MEA and mother can apply to the ministry in New Delhi. 

Case title: X v/s UNION OF INDIA AND OTHERS

 WP 22108/2025