Kerala High Court
Egle Gurcyte vs The Union Of India on 8 April, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
W.P(C) No.8789 of 2026 1
2026:KER:31890
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
WP(C) NO. 8789 OF 2026
PETITIONER/S:
1 EGLE GURCYTE
AGED 56 YEARS
W/O GOVIND SAGAR WIKENMO, RESIDING AT OSCAR HOUSE
210 B 20, CHAL BEACH AZHIKODE, KANNUR, PIN -
670009
2 GOVIND SAGAR WIKENMO,
AGED 67 YEARS
S/O KABUL SINGH, RESIDING AT OSCAR HOUSE 210, B
20, CHAL BEACH AZHIKODE, KANNUR, PIN - 670009
BY ADVS.
SRI.ABDUL RAOOF PALLIPATH
SHRI.E.MOHAMMED SHAFI
SRI.PRAJIT RATNAKARAN
SMT.ANJU DONY
RESPONDENT/S:
1 THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY MINISTRY OF EXTERNAL
AFFAIRS DEPARTMENT, A-WING, JAWAHARLAL NEHRU
BHAWAN, 23-D, JANPATH, NEW DELHI, PIN - 110011
2 FOREIGNERS REGIONAL REGISTRATION OFFICER,
FOREIGNERS REGIONAL REGISTRATION OFFICE,
KOZHIKODE, 20/1305, CASTLE VIEW, THIRUVANNUR
ROAD, PANNIYANKARA, KALLAI P.O. KOZHIKODE, PIN -
673003
BY ADV SHRI.SUVIN R.MENON, SENIOR PANEL COUNSEL
W.P(C) No.8789 of 2026 2
2026:KER:31890
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.8789 of 2026 3
2026:KER:31890
BECHU KURIAN THOMAS, J.
----------------------------------------
W.P(C) No.8789 of 2026
----------------------------------------
Dated this the 8th day of April, 2026
JUDGMENT
Petitioners seek for the following reliefs:
"i. Declare that the lst petitioner is entitled to get OCI card as per the Exhibit P5 application filed by her as she fulfils all the statutory criteria for OCI eligibility.
ii. issue a writ of mandamus or such other writ or order directing the respondents to consider the Exhibit P5 application and issue an OCI card to the lst petitioner within such time which this Court may deem fit to grant. "
2. The 1st petitioner is the wife of the 2 nd petitioner, the latter of whom was born as an Indian and is presently a citizen of the United Kingdom, holding an Overseas Citizenship of India (OCI) card. By virtue of his position as the holder of an OCI card, the 2nd petitioner's wife is also allegedly entitled by law, to claim the status of an Overseas Citizen of India, provided an application is submitted and the same is approved by the authorities. The 1 st petitioner's application for grant of an OCI card, submitted as per Ext. P5, is pending consideration.
3. A statement has been filed on behalf of the respondents, pointing out that the 1st petitioner's application submitted as Ext.P5 is pending consideration and that, as per the provisions of the W.P(C) No.8789 of 2026 4 2026:KER:31890 Citizenship Act, 1955 , the Central Government has the discretion to grant or refuse the application under Section 7A of the Citizenship Act, and is not even required to assign any reasons for such grant or refusal.
4. I have heard the learned counsel for the petitioner as well as the learned Central Government Counsel.
5. Having regard to the nature of contentions urged in the writ petition, I am of the view that, since Ext.P5 application is pending consideration before the 2nd respondent, a direction can be issued to consider the same in accordance with law in a time-bound manner.
Accordingly, there will be a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P5 application submitted by the 1st petitioner, as expeditiously as possible, at any rate, within an outer period of one month from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS JUDGE, J
pm
W.P(C) No.8789 of 2026 5
2026:KER:31890
APPENDIX OF WP(C) NO. 8789 OF 2026
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE OCI CARD OF THE 2ND
PETITIONER ISSUED ON 29.04.2024
Exhibit P2 A TRUE COPY OF THE PASSPORT OF THE 1ST
PETITIONER ISSUED ON 18.09.2019
Exhibit P3 THE MARRIAGE CERTIFICATE ISSUED BY THE
SIRVINTOS DISTRICT MUNICIPALITY OF
LITHUANIA DATED 15.06.2022 WITH
TRANSLATION AND ATTESTATION
Exhibit P4 A TRUE COPY OF THE VISA ISSUED ON
17.09.2024 TO THE 1ST PETITIONER
Exhibit P5 A TRUE COPY OF THE APPLICATION FOR
ISSUANCE OF OCI CARD DATED NIL
Exhibit P6 A TRUE COPY OF THE CERTIFICATE ISSUED
BY BUREAU OF EMIGRATION DATED
07.02.2025
Exhibit P7 A TRUE COPY OF THE UNDERTAKING
SUBMITTED BY THE 2ND PETITIONER
Exhibit P8 A TRUE COPY OF THE STATEMENT FILED IN
WP (C) NO. 30482/2025 BY THE
RESPONDENTS DATED 25.10.2025
Exhibit P9 A TRUE COPY OF THE UK PASSPORT ISSUED
TO THE 2ND PETITIONER DATED 01.10.2019 VALID TILL 01.10.2029 Exhibit P10 A TRUE COPY OF THE OCI CARD DATED 05.06.2008 Exhibit P11 A TRUE COPY OF THE OCI CARD DATED 04.09.2015 Exhibit P12 A TRUE COPY OF THE OCI CARD ISSUED BY THE 2ND RESPONDENT DATED 01.03.2021 Exhibit P13 A TRUE COPY OF THE OCI CARD DATED 29.04.2024 Exhibit P14 A TRUE COPY OF THE BIRTH CERTIFICATE OF 1ST PETITIONER ISSUED ON 13.09.2022 Exhibit P15 A TRUE COPY OF THE ADDITIONAL STATEMENT FILED IN WP (C) NO. 30482/2025 BY THE 2ND RESPONDENT DATED 1.12.2025 Exhibit P16 A TRUE COPY OF THE JUDGMENT IN WP (C) NO. 30482/2025 DATED 02.03.2026