India says foreigners lose OCI status after divorce |
Foreigners registered as Overseas Citizens of India (OCI) cardholders following their marriage to Indian nationals cannot continue to enjoy that status after their divorce. This submission was given by the Indian government to the Delhi High Court. The submission has been made by the Ministry of Home Affairs (MHA) while defending the decision of the Indian Embassy in Brussels (Belgium) asking a Belgian woman to surrender her OCI card after the dissolution of her marriage with an Indian national. The woman has challenged in the high court a provision of the Citizenship Act - section 7D(f) - under which a foreign spouse of an Indian national would lose Overseas Citizens of India (OCI) status on divorce. Defending the provision, the MHA in an affidavit has said that the section under challenge makes a clear classification based on the intelligible differentia as it applies to foreigners who were registered as OCI cardholders on the strength of their spouse being a citizen of India or an OCI cardholder, and whose marriage has been subsequently dissolved. The MHA in its affidavit filed through the Union government standing counsel Ajay Digpaul has said, "The provision has the object of cancellation of registration as an OCI cardholder of such foreigners as they are no more eligible under the Citizenship Act, 1955." The ministry has said that the woman was issued a Person of Indian Origin (PIO) card by the Embassy of India, Brussels, Belgium on August 21, 2006, on the basis of her marriage with an Indian national. She had legally divorced her husband in October 2011, and subsequently, the PIO card issued to her on the strength of the marriage should have been canceled, but it was not done at that time. It has further said that an OCI card was inadvertently issued to her in 2017 even though she was not married to an Indian citizen or an OCI cardholder at that time.
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