Supreme Court of India · 2024-08-22
Union Of India vs Bahareh Bakshi
- Citation / case number
- 2024 INSC 646
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- Bahareh Bakshi
- Author
- Hrishikesh Roy
- Bench
- Hrishikesh Roy, Sudhanshu Dhulia
Judgment text excerpt
The Supreme Court addressed whether the presence of an estranged husband is mandatory for processing an application for an Overseas Citizen of India (OCI) Card under Section 7-A of the Citizenship Act, 1955. The Court upheld the Delhi High Court's decision that the presence of the husband is not required, as there is no statutory mandate for such a requirement, and emphasized that the Union of India retains the right to investigate the authenticity of the marriage claim. The Court affirmed the lower court's ruling, allowing the respondent to proceed with her OCI application without her husband's presence.