Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2024

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.

Union Of India vs Bahareh Bakshi · Niyam