Headline
The Supreme Court of India requires the presence of Indian spouse’s for Overseas Citizen of India(OCI) card application processing.
Summary
The Supreme Court of India ruled that the physical or virtual presence of an Indian married couple is mandatory for processing an Overseas Citizen of India (OCI) card application under Section 7-A(d) of the Citizenship Act, 1955 of a foreign national.
Key Facts
- Case Title – Union of India vs. Bahareh Bakshi
- The Names of Judges –Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti
- The judges overturned a Delhi High Court decision that permitted an Iranian national to apply for Overseas Citizen of India (OCI) without her estranged non-present Indian husband.
Legal Insights
The Supreme Court of India stressed that the Citizenship Act and Visa Manual both demand the presence of Indian spouse’s to verify the authenticity of the marriage,controlling possible fraud or marriages of convenience.
Impact
The Supreme Court of India decision focuses on strict obedience with procedures to ensure the honour of OCI applications involving foreign spouses.
Why It Matters
It protects against false OCI applications and highlights the necessity of thorough vetting in cases involving international marriages.
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