Delhi High Court - Orders
Dia Ellie Ash vs Union Of India & Anr on 6 December, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16656/2022 & CM APPL. 52489/2022
DIA ELLIE ASH ..... Petitioner
Through: Mr. Pankaj Mehta, Ms. Shweta Soni,
Mr. R.K. Mehta, Mr. Bhavya Kohli
and Ms. Akansha Singh, Advs.
(M: 9811253529)
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Ms. Akanksha Kaul and Mr. Harsh
Ojha, Adv. for R-1 & 2.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 06.12.2022
1. This hearing has been done through hybrid mode. CM APPL.52489/2022 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 16656/2022
3. The Petitioner - Dia Ellie Ash, who is an 8 year old minor, has applied for an Overseas Citizenship of India (hereinafter 'OCI') card through her mother. It is not in dispute that the mother of the Petitioner was an Indian citizen till 13th November, 2021. She is now a citizen of the United Kingdom and has already been issued an OCI card. The case of the Petitioner is that she has applied for the issuance of the OCI card vide file reference no. GBRL00818N22 dated 18.01.2022. Further, since the VFS has not accepted the application for the OCI, the Petitioner is stated to have sent representation letter bearing number AG/FL/001, for grant of the OCI card. The said W.P.(C) 16656/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:09.12.2022 20:35:37 representation is dated 19th February, 2022 requesting the Bureau of Immigration, Ministry of Home Affairs for issuing the OCI card expeditiously. On 18th October, 2022, an email was received from the office of VFS Global sent to the following effect:
"This is in regards to your OCI Application. The application has been placed on hold by the High Commission of India, London, as they require further documentation towards the application. Applicant is required to submit the following documents:
: Applicant is required to provide the original joint consent affidavit signed by both parents from Notary Public in UK You may kindly visit the VFS Centre at Goswell between 08.30-15.00 hrs to submit any documentary proof, any working day Mon-Fri, excluding any consular holidays. No appointment required and please carry the payment acknowledgment receipt. If you have any further clarifications please get in touch with us.
Customer Relations
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VFS GLOBAL"
4. The Petitioner again tried to obtain the OCI card but was rejected by the VFS on the ground that the joint consent affidavit from both the parents has not been filed. The reasons ascribed vide email dated 29th October, 2022 are that the Petitioner ought to give the joint consent letter or usual custody order issued by the Court of Law.
5. The case of the Petitioner is that the father of the Petitioner has abandoned the mother for the last 7 years and despite repeated efforts, the mother has not been able to trace the father. The Petitioner is being brought W.P.(C) 16656/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:09.12.2022 20:35:37 up by the mother as a single parent and thus, it has become impossible to obtain joint consent.
6. Ms. Kaul, ld. Counsel appearing for the Respondent submits that in terms of the prevalent instructions, the parents' consent letter is mandatory in the absence of the Court order having custody of the child.
7. Considering the prevalent guidelines and instructions, let the status report be placed on record as to whether there is any impediment in issuing the OCI card to the Petitioner, who is a 8 year old minor. As per the Petitioner, since the OCI card application of the Petitioner is pending consideration, she has been informed that she cannot be issued even the tourist/visitor visa. Let the status report on both the aspects i.e., on the OCI application as also the issuance of tourist/visitor visa for the Petitioner, be filed.
8. List on 14th December, 2022 at top of Board.
PRATHIBA M. SINGH, J.
DECEMBER 6, 2022/dk/hh W.P.(C) 16656/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:09.12.2022 20:35:37