'Not Always Possible To Produce Indian Spouse For Processing OCI Card Application': Delhi High Court Upholds Single Judge's Order

The Delhi High Court has upheld an order passed by the single judge excusing an Iranian woman from producing her estranged Indian husband before the authorities for processing her OCI (Overseas Citizen of India) card application.The single judge had held that presence of both spouses for the purpose of processing an OCI card application is not mandatoryUpholding this view, the Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed,"Normally, the spouse would also appear for their interaction before the authorities. However, that may not be possible to secure in all cases, such as, where a matrimonial dispute has erupted between the parties. There could also be cases where the Indian spouse may die, or go missing. In such situations, it may not be possible for the applicant to produce their Indian spouse."The Bench was considering an appeal filed by the Centre, contending that the condition for mandatory verification by way of a personal interview was imposed with a view to curb the practice of entering into a marriage of convenience just to obtain an OCI card by foreign nationals.Advocate Nidhi Banga for the Centre submitted that in terms of Section 7A of the Citizenship Act, 1955, such spouse, in fact, is to be subjected to a prior security clearance by the competent authority in India and therefore, insistence on the applicant's spouse also appearing for the personal interview cannot be faulted.The Respondent on the other hand submitted that her husband would not appear before the concerned authority for a personal interview, owing to a series of matrimonial disputes between them.The Court concurred with the Union that the object of the enquiry is to be satisfied that the application is genuine and is not founded upon a false claim of marriage by the applicant with an Indian citizen. However, it emphasized that the requirement of production of the spouse before the authorities is viable only in the "normal course". In the present case, it noted, owing to the discord between the couple, it would not be proper to reject the Respondent's application merely because her Indian spouse is not produced."The appellant can still conduct its enquiry to satisfy themselves with regard to the genuineness of the marriage, by examining other facts and circumstances," the Court said.The Court then proceeded to peruse Section 7A (d) of the Citizenship Act and observed that the Union is also entitled to carry out a security clearance of the respondent.Such being the position of law, it concluded that insistence on the presence of the respondent's spouse is only "one of the modes" in which the Union can satisfy itself on the genuineness of the claim of the OCI card of the respondent. Case Title: Union of India v. Bahareh BakshiCitation: 2022 LiveLaw (Del) 256Click Here To Download Order

'Not Always Possible To Produce Indian Spouse For Processing OCI Card Application': Delhi High Court Upholds Single Judge's Order

Akshita Saxena

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