The Supreme Court has ruled that the physical or virtual presence of an Indian spouse is mandatory for processing the Overseas Citizen of India (OCI) card application of a foreign national married to an Indian citizen. This decision overturns a Delhi High Court ruling that had waived this requirement in the case of an Iranian woman.
A bench of Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti emphasized that the Citizenship Act of 1955, particularly Section 7-A(d), necessitates the Indian spouse’s presence during the application process. This is to ensure that the marriage is genuine and not one of convenience.
The case revolved around a woman whose estranged marriage to an Indian man led her to seek exemption from this requirement. While the High Court initially accepted her plea, the Supreme Court found that such an exemption would shift the entire burden of verification onto the authorities, deviating from established procedures.
The Supreme Court also pointed out that, under special circumstances, the Central Government retains the discretion to grant OCI registration, even if the standard procedure is bypassed. The Court clarified that it was not making a judgment on whether the woman’s situation merited such special consideration, leaving that decision to the government.
