Foreigners lose OCI tag when divorced from Indians, MHA tells HC
NEW DELHI: The Centre has told the Delhi HC that foreigners registered as OCI (overseas citizens of India) cardholders because of their marriage to Indian nationals cease to enjoy that status after their divorce.
Defending one such decision, the MHA informed the HC that the move 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 was taken due to such a policy.
The woman has challenged in the HC the provision of the Citizenship Act — Section 7D(f) — under which a foreign spouse of an Indian national would lose OCI status on divorce. MHA said the Section under challenge makes a clear classification 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.
MHA said the woman was issued a Person of Indian Origin card by the embassy of India, Brussels, on August 21, 2006 on the basis of her marriage with an Indian national. She legally divorced her husband in October 2011, and the PIO card issued to her on the strength of the marriage should have been cancelled, but it was not done at that time.
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, and now she has been requested to surrender the same.
She Cheated in her application in 2017. She should not be allowed. When she had divorced she should not have applied for OCI. Simple as that.
Overseas Indian embassies issue OCI cards and other documents without checking the facts thoroughly. This is one of such cases.
OCI card is a privilage given to persons of Indian origin and their married spouce but cannot be taken as a birth or a by marriage after divorce. This litigation is solely due to the Indian Embassys blunder, issuing the OCI card even after this ladys divorce from her Indian origin husband.
She, probably, knows her ex-husband's assets in India and wish to cm them.
Why would the woman be so desperate for an OCI card? Why are the names of the woman and the ex husband not being tevealed?
Missionary intent, could be
EXCELLENT ACTION BY MODI GOVT...HOWEVER CHILDREN IF ANY SHOULD NOT SUFFER
if by chance CON dyansty comes to power, there will be no such need. Any mus m who is ready to be a "VOTE BANK" is welcome in to India
In light of increasing fake marriages, Visa scams and to maintain equitable citizenship policy..
Most of the Indian consular work has been contracted to private agency world over
Don't even know why she is fighting. It's easier to get a visa.
Maybe she needs access to Indian court sy em for pending custody issues.
Policy should be case by case basis and not enforce with blind regulations. The foreign woman seems to have valid reasons though.
That is a good move.
Some Indian guys marry in foreign countries and earn a passport & citizenship of that country. Now, if there is a divorce, and that foreign country asks that Indian guy to return the passport and cancel his/her citizenship, then what happens?
Once you become citizen, you become citizen for life. Go nment can not take it back at will. So does this apply on the status of OCI.
I do not understand why a European cares to have a useless document from India. Just get a tourist visa if you are so desperate.
What about indians who leave their wives without divorce?
MARRIAGE GAVE HER OCI BUT DIVORCE CANT BE PREDICTED HENCE OCI CANT BE TAKEN AWAY FROM THE LADY BECOZ OF UNPREDICTABLE PARAMETER.WHAT IF HER HUSBAND DIED , THEN WOULDHER OCI BE TAKEN AWAY
DONT COMMENT IF U CANT USE UR BRAINS, PROPERLY
I THINK ITS WRONG,, , THE DIVORCE OF COUPLE,,HAS NO BEARING ON OCI CARD , AS OCI CARD WAS ISSUED AFTER MARRIAGE,,, ONCE AN OCI,,, THEN IT CANT BE TAKEN BACK , UNESS, CRIMINAL ISSUES OR ILLEGALITY
OCI card is issued to a foreigner on account of marriage to an Indian. So, the logic says if there is no marriage there is no OCI benefit.