A) ABSTRACT / HEADNOTE

The Supreme Court of India addressed the question of whether the physical or virtual presence of an estranged Indian spouse is mandatory for processing the Overseas Citizen of India (OCI) Card application under Section 7-A of the Citizenship Act, 1955. The court ruled that such presence is essential for effective evaluation of the application. This decision overturned the Delhi High Court’s judgment, which had allowed dispensing with the estranged spouse’s presence. The ruling emphasized adherence to statutory requirements, Visa Manual guidelines, and procedural norms, asserting that the burden of verification lies on the applicant. However, the court left room for special circumstances under Section 7-A(3), granting the Central Government discretion to make exceptions.

Keywords:

• Overseas Citizen of India (OCI)
• Citizenship Act, 1955
• Estranged spouse
• Visa Manual
• Section 7-A

B) CASE DETAILS

i) Judgement Cause Title:
Union of India v. Bahareh Bakshi

ii) Case Number:
Civil Appeal Nos. 4887-4888 of 2024

iii) Judgement Date:
22 August 2024

iv) Court:
Supreme Court of India

v) Quorum:
Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, Justice S.V.N. Bhatti

vi) Author:
Not explicitly mentioned

vii) Citation:
[2024] 8 S.C.R. 820 : 2024 INSC 646

viii) Legal Provisions Involved:

• Section 7-A, 7-D of the Citizenship Act, 1955
• Visa Manual, 2021
• Section 125 of the Code of Criminal Procedure, 1973

ix) Judgments Overruled by the Case:
High Court of Delhi’s judgments dated 22.07.2021 and 25.03.2022

x) Case is Related to:
Constitutional Law, Citizenship Law

C) INTRODUCTION AND BACKGROUND OF JUDGMENT

The case revolves around procedural requirements under Section 7-A of the Citizenship Act, 1955, for foreign spouses applying for OCI Cards based on marriage to Indian citizens. The respondent, an Iranian citizen, applied for an OCI card but faced challenges due to her estranged relationship with her Indian spouse. The Delhi High Court allowed her application to proceed without her husband’s physical or virtual presence. This ruling was contested by the Union of India, emphasizing statutory and procedural mandates.

D) FACTS OF THE CASE

1. The respondent, an Iranian citizen, married her Indian spouse in 2009 in Dubai, following his conversion to Islam.
2. Their marriage deteriorated, leading to estrangement. She later pursued education in India while filing maintenance claims under Section 125 of the CrPC, resulting in a monthly award of INR 15,000.
3. She applied for an OCI card under Section 7-A of the Citizenship Act but was informed that her estranged husband’s presence was mandatory for processing.
4. Dissatisfied, she filed a writ petition in the Delhi High Court, which ruled in her favor, waiving the spouse’s presence requirement.

E) LEGAL ISSUES RAISED

• Whether the physical or virtual presence of the estranged spouse is mandatory for processing an OCI card application under Section 7-A of the Citizenship Act, 1955?
• Does the Visa Manual and checklist constitute valid supplementary procedural norms under the Act?
• Can the estranged spouse’s absence due to peculiar circumstances be considered a “special circumstance” under Section 7-A(3)?

F) PETITIONER/APPELLANT’S ARGUMENTS

1. The Union of India, represented by Additional Solicitor General, contended that the Visa Manual, 2021 and the checklist require mandatory physical/virtual presence of both spouses for verifying the genuineness of the marriage.
2. It argued that the proviso to Section 7-A(1)(d) empowers the government to impose procedural requirements, including personal interviews.
3. The petitioner emphasized that dispensing with the spouse’s presence shifts the entire burden of verification to the authorities, contravening statutory intent.
4. The government highlighted procedural safeguards designed to prevent fraudulent OCI claims through marriages of convenience.

G) RESPONDENT’S ARGUMENTS

1. The respondent argued that her estranged spouse was unwilling to cooperate, making his presence unfeasible.
2. She contended that neither Section 7-A of the Citizenship Act nor the checklist explicitly mandates spouse presence.
3. The respondent invoked Section 7-A(3), asserting her situation as a “special circumstance” allowing procedural relaxation.
4. Her counsel argued that procedural requirements should not override the substantive right to apply for OCI status.

H) JUDGMENT

a. RATIO DECIDENDI

1. The Supreme Court ruled that the spouse’s presence is crucial for verifying the genuineness of the marriage as per the Visa Manual, 2021, which aligns with the Citizenship Act’s procedural framework.
2. It upheld the checklist’s requirement for physical/virtual presence, deeming it essential for fulfilling the statutory mandate under Section 7-A(1)(d).

b. OBITER DICTA

1. The court noted that Section 7-A(3) provides discretionary powers to the Central Government to account for “special circumstances.” However, it refrained from commenting on the applicability of such discretion in the respondent’s case.

c. GUIDELINES

• Mandatory Verification: The spouse’s physical/virtual presence during OCI application processing is mandatory.
• Special Circumstances: Central Government may exercise discretion under Section 7-A(3) in extraordinary cases, recording reasons in writing.

I) CONCLUSION & COMMENTS

This judgment underscores the importance of procedural compliance in citizenship matters while leaving room for special circumstances. It strikes a balance between procedural rigor and flexibility, ensuring fairness and adherence to statutory mandates.

J) REFERENCES

a. Important Cases Referred

1. No prior cases were explicitly cited in the judgment.

b. Important Statutes Referred

1. Citizenship Act, 1955
2. Visa Manual, 2021
3. Code of Criminal Procedure, 1973