Foreigners married to Indians can not get pleasure from OCI standing after divorce, Centre tells HC | The Chhattisgarh

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April 17, 2021

The Chhattisgarh

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Foreigners married to Indians cannot enjoy OCI status after divorce, Centre tells HC

Foreigners married to Indians can not get pleasure from OCI standing after divorce, Centre tells HC

Foreigners registered as OCI cardholders due to their marriage to Indian nationals can not proceed to get pleasure from that standing after their divorce, the Centre has instructed the Delhi Excessive Court docket.
The submission has been made by the Ministry of Dwelling Affairs (MHA) whereas defending the choice of the Indian Embassy in Brussels, Belgium asking a Belgian girl to give up her OCI card after the dissolution of her marriage with an Indian nationwide.
The girl has challenged within the excessive courtroom a provision of the Citizenship Act – part 7D(f) – beneath which a overseas partner of an Indian nationwide would lose Abroad Residents of India (OCI) standing on divorce.
Defending the availability, the MHA in an affidavit has mentioned that the part beneath problem makes a transparent classification primarily based on the intelligible differentia because it applies to foreigners who had been registered as OCI cardholders on the energy of their partner being a citizen of India or an OCI cardholder, and whose marriage has been subsequently dissolved.
“The availability has the thing of cancellation of registration as an OCI cardholder of such foreigners as they’re no extra eligible beneath the Citizenship Act, 1955,” the MHA has mentioned in its affidavit filed by central authorities standing counsel Ajay Digpaul.
The ministry has mentioned that the girl was issued a Particular person of Indian Origin (PIO) card by the Embassy of India, Brussels, Belgium on August 21, 2006 on the premise of her marriage with an Indian nationwide.

She had legally divorced her husband in October 2011, and subsequently the PIO card issued to her on the energy of the wedding ought to have been cancelled, nevertheless it was not executed at the moment, the ministry has mentioned.
It has additional mentioned that an OCI card was inadvertently issued to her in 2017 though she was not married to an Indian citizen or an OCI card holder at the moment.
The ministry has additionally claimed that the girl’s OCI standing has not been cancelled but and he or she was solely requested to give up the cardboard.
It has mentioned {that a} cheap alternative shall be given to her to elucidate her stand earlier than taking any motion to cancel her registration as OCI cardholder.
The ministry has mentioned that foreigners just like the petitioners might apply for a visa beneath the prevailing legal guidelines and guidelines to legally keep in India.
The girl has contended that asking her to give up her OCI card has no foundation in regulation and “additionally violates the dual doctrines of professional expectation and promissory estoppel for the easy motive that she was already divorced when she acquired her OCI card on February 15, 2017.
She has mentioned in her petition that she acquired the OCI card when the Indian authorities merged the Particular person of Indian Origin (POI) and OCI schemes.
“Therefore, the involved provisions of the Citizenship Act by means of which a overseas nationwide married to an Indian citizen loses her proper to carry an OCI card in case of divorce don’t have any utility to her in any respect,” she has claimed in her plea.
She had acquired her POI card in 2006 and it was legitimate until August 2021, the petition has mentioned and added that she had divorced her husband in 2011 which was communicated to the Indian embassy in Belgium in 2016.

She has additionally mentioned that she has a daughter, who holds an OCI card, along with her ex-husband and since through the prevailing pandemic vacationer journey to India isn’t attainable, their solely hope of coming right here to satisfy family members was the OCI card.
“There may be additionally the very actual probability that if the daughter of the petitioner travels to India and is stranded due to some sudden journey restrictions that is likely to be imposed, the petitioner would possibly find yourself getting separated from her on a medium-term foundation,” the petition has mentioned.