Delhi High Court - Orders
Dia Ellie Ash vs Union Of India & Anr on 14 December, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16656/2022
DIA ELLIE ASH ..... Petitioner
Through: Mr. Pankaj Mehta, Ms. Shweta Soni,
Ms. Akansha Singh & Mr. Bhavya
Kohli, Advocates. (M-9811253529)
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Ms. Aakansha Kaul, Ms. Manek Singh
& Mr. Harsh Ojha, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 14.12.2022
1. This hearing has been done through hybrid mode.
2. 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 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:
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.12.2022 16:45:17"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"
3. 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 a Court of Law.
4. 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 up by the mother as a single parent and thus, it has become impossible to obtain joint consent.
5. On the last date of hearing i.e., 6th December, 2022, it was submitted on behalf of the Petitioner that in terms of the prevalent instructions, the consent letter from both the parents is mandatory. In the alternative, a Court Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.12.2022 16:45:17 order giving sole custody of the child to the mother can also be filed. This Court had, after hearing the parties, directed as under:
"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."
6. Today, after seeking instructions, ld. Counsel for the Respondents submits that as per the prevalent guidelines, these conditions cannot be relaxed, inasmuch as the verification of the Petitioner's father cannot be made by the authorities. The Court order is, therefore, sought.
7. A perusal of the record shows that though there is no Court order in favour of the Petitioner's mother granting sole custody. However, a letter dated 30th November, 2022 issued by the Brampton Health Centre has been annexed with the Petition which confirms that the mother of the Petitioner is a single parent and carer to the Petitioner. The said letter reads as under:
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.12.2022 16:45:178. In addition, the Petitioner is studying in St. Nicholas' School and Nursery, 22 Salmon Street, Kingsbury NW9 8PN, which is also raising fee demands to the Petitioner's mother - Ms. Ashima Gai. On a perusal of these 2 documents, it is clear that the Petitioner's mother is the sole carer of the child. Under these circumstances, insistence of the Court order can be Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.12.2022 16:45:17 relaxed in the facts of this case, especially because the mother was an Indian citizen and now an OCI card holder. Accordingly, in the facts of this case, the Petitioner's application for grant of an OCI card be processed without insisting on a no objection from the Petitioner's father or a Court order granting sole custody to the Petitioner's mother. The application for issuance of the OCI Card shall be processed by the concerned authorities within 1 month, subject to verification of all the remaining documents and particulars.
9. The petition is disposed of in the above terms.
PRATHIBA M. SINGH, J.
DECEMBER 14, 2022/dk/am Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.12.2022 16:45:17