Kerala High Court
Sony Vasu Dev vs Union Of India on 30 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:72517
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 32769 OF 2024
PETITIONER:
SONY VASU DEV
AGED 34 YEARS
W/O DIPU DIVAKAR, SWAPNA VILLA, PENNUKKARA P. O.,
CHENGANNUR, ALAPPUZHA DISTRICT, KERALA, PIN - 689520.
BY ADVS.
ARUN SAMUEL
JITHIN BABU A
ANOOD JALAL K.J.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF EXTERNAL AFFAIRS, 74B SOUTH BLOCK, CENTRAL
SECRETARIAT, NEW DELHI, PIN - 110001.
2 THE DISTRICT COLLECTOR
COLLECTORATE, KUYILIMALA, IDUKKI DISTRICT,
KERALA, PIN - 685603.
3 REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD,
PANAMPILLY NAGAR, KOCHI, KERALA, PIN - 682036.
4 PASSPORT SEVA KENDRA
KALISSERIL COMMERCIAL COMPLEX, EERAYIL KADAVU,
KOTTAYAM DISTRICT, KERALA., PIN - 686001.
5 FABIN VINCENT
AGED 34 YEARS
S/O VINCENT MATHEW, PEACE VILLA, OLG NAGAR,
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WP(C) NO. 32769 OF 2024 2
VALIYATHURA, VALLAKKADAVU P. O., THIRUVANANTHAPURAM
DISTRICT, KERALA,, PIN - 695008.
*ADDL R6 ADDITIONAL CHIEF SECRETARY (HOME), GOVERNMENT OF
KERALA.
*IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED
30.9.2024 IN WPC NO.32769 OF 2024.
SMT.DEEPA NARAYANAN, SR. GP
SRI.T.C KRISHNA, DSGI IN CHARGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 32769 OF 2024 3
JUDGMENT
The petitioner is in a predicament, since her daughter,
a minor girl, will not be able to accompany the petitioner and
her husband when they migrate to Australia. The reason being
the petitioner, who has been appointed as the guardian of the
minor by the competent Court, is a British citizen and has
renounced Indian citizenship.
2. The learned counsel for the petitioner submits that
only on the child being granted Indian citizenship, she will be
able to apply and obtain an Indian Passport. It is contended
that eventhough Section 5 of the Citizenship Act prohibits grant
of citizenship to the children, if the parents are not Indian
citizens, an exception is carved out in Sub Section (4) of
Section 5 of the Act. Reference is also made to Rules 11 and 13
of the Citizenship Rules, 2009, prescribing the procedure for
registration under Section 5. Therefore, the application
submitted by the petitioner seeking registration of her child as
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an Indian citizen, is liable to be processed and decided.
3. I heard the learned Government Pleader and the
learned Central Government Counsel also.
4. The learned Central Government Counsel submitted
that going by Section 5 of the Citizenship Act, the child is not
entitled for Indian citizenship.
5. The learned Government Pleader submitted that, as
per instructions received, the petitioner's application for
registration under Section 5 has been forwarded by the District
Collector and is now pending before the Additional Chief
Secretary (Home), Government of Kerala.
6. The Additional Chief Secretary (Home), Government
of Kerala is suo motu impleaded as additional respondent in the
writ petition. Learned Government Pleader takes notice for the
additional 6th respondent.
7. In as much as the application submitted by the
petitioner, seeking registration of child as an Indian citizen, has
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been forwarded by the District Collector to the additional
respondent, the same is liable to be considered in the manner
prescribed under Rule 13 of the Citizenship Rules, 2009.
The writ petition is accordingly disposed of directing
the additional respondent to decide course of action to be taken
on petitioner's application within one month. Depending on
such decision, further action shall be taken by the 1 st
respondent in accordance with law, if so warranted.
Sd/-
V.G.ARUN
JUDGE
Sru
2024:KER:72517
APPENDIX OF WP(C) 32769/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE INDIAN PASSPORT OF THE
CHILD DATED 29/05/2019 NUMBERED AS T6725529.
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 27/09/2021
PASSED BY THE FAMILY COURT IN O. P. (S. M.
A.) NO. 674/2021.
Exhibit P3 A TRUE COPY OF CERTIFICATE OF MARRIAGE DATED
24/06/2024 NUMBERED AS
400547/CRCM01/GPO/2022/5186 ISSUED BY THE
GOVERNMENT OF KERALA TO THE PETITIONER UNDER
RULE 11 (1) OF THE KERALA REGISTRATION OF
MARRIAGES (COMMON) RULES, 2008.
Exhibit P4 A TRUE COPY OF THE UK PASSPORT OF PETITIONER
DATED 02/11/2023 NUMBERED 142721646.
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 13/03/2024
PASSED BY THE FAMILY COURT, MAVELIKKARA IN O.
P. (G&W) NO. 316/2024.
Exhibit P6 A TRUE COPY OF THE OCI CARD DATED 13/06/2024
ISSUED TO THE PETITIONER.
Exhibit P7 A TRUE COPY OF THE APPLICATION DATED
09/07/2024, SUBMITTED BY THE PETITIONER'S
MOTHER BEFORE THE 4TH RESPONDENT.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED
11/07/2024 SUBMITTED BY THE PETITIONER'S
MOTHER BEFORE THE 3RD RESPONDENT.
Exhibit P9 A TRUE COPY OF THE INDIAN PASSPORT OF THE
PETITIONER'S MOTHER DATED 21/11/2022 NUMBERED
AS W6002341.
Exhibit P10 TRUE COPY OF THE ORDER DATED 02/08/2024
ISSUED BY THE 3RD RESPONDENT IN CONNECTION
WITH EXT. P7.
Exhibit P11 TRUE COPY OF THE APPLICATION DATED 19/08/2024
SUBMITTED BY THE PETITIONER ON BEHALF OF THE
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CHILD BEFORE THE 2ND RESPONDENT.
Exhibit P12 TRUE COPY OF THE RECEIPT AS REGARDS EXT. P11
ISSUED BY THE OFFICE OF THE 2ND RESPONDENT
ALONG WITH TRANSLATION.
