Advocate Rui Rodrigues, appearing for the Home Ministry, filed an affidavit justifying the order claiming it was as per statutory requirements.
He argued that there had to be subsistence of marriage to continue her OCI status. He added that there was sufficient grounds to show the special circumstances by which the woman could apply for citizenship.
The bench quipped that the present case had special circumstances which it could not ignore. It also pointed out that in the present case her exit from the country would affect the husband and the child who are both Indians.
“Why would any government decide to treat its own citizens and penalise them because they have married someone of foreign origin? It is as if the government is saying you dare not marry a foreigner! We will not blind ourselves from the fact that we have a mother with a six-month-old child before us. We are not letting you sunder this family,” the judge said.
Source: Barandbench
