On Wednesday, the Bombay High Court bench in Goa ruled that a child cannot be deprived of Indian citizenship solely because the child lives with a single parent who is a foreign national.

A division bench of Justices Makarand Karnik and Valmiki SA Menezes stated that a parent renouncing Indian citizenship would not impact the child's citizenship status, provided the child acquired Indian citizenship by birth.

"Once we find that the petitioner is a citizen of India, refusal of the passport on the ground mentioned in the impugned order is not sustainable. The view that the petitioner is not eligible for the Indian Passport since the applicant (mother) is a single parent minor child and the physical custody of the petitioner is with the parent who is a foreign national, is unsustainable. The acquisition of a foreign nationality by the petitioner's mother will not affect the citizenship status of the petitioner's mother will not affect the citizenship status of the petitioner. The child cannot be left 'stateless." the judges held in Dissatisfied with this decision, she appealed to the High Court bench led by Justice Karnik.

The bench reviewed various provisions of the Citizenship Act and the Passports Act, 1967, and determined that the Indian High Commission's authorities in the UK had erred in issuing the contested order.he order.

The judges thus concluded that the petition filed by Chrisella Valanka Kushi Raj Naidu should be upheld.

"The impugned order issued by The High Commission of India, Passport & Consular Wing in United Kingdom is set aside. The petitioner is entitled to be issued a passport on the basis of her Indian citizenship," the judges ordered.

The bench considered a plea from Naidu, a 16-year-old minor, challenging the August 5, 2020, order issued by the Indian High Commission in the United Kingdom. The order had refused to renew the petitioner’s passport on the grounds that she was living with a single parent who is not an Indian citizen.

The petitioner was born on October 27, 2007, in Goa, when both her parents were Indian citizens. However, when she was nearly three years old, her father abandoned her and her mother. As a result, although both parents were Indian citizens at the time of her birth, the petitioner acquired Indian citizenship by virtue of birth, as stipulated in the Citizenship Act of 1955.

On February 10, 2015, the petitioner’s mother renounced her Indian citizenship and registered as a Portuguese citizen due to work opportunities abroad. Subsequently, the petitioner and her mother moved to the United Kingdom, where the mother secured employment and enrolled the petitioner in a school.

By December 2, 2019, the petitioner’s Indian passport had expired. She applied for its renewal through the Indian High Commission, but her request was denied by the August 5, 2020, order.

Dissatisfied with this decision, she appealed to the High Court bench led by Justice Karnik. The bench reviewed various provisions of the Citizenship Act and the Passports Act, 1967, and determined that the Indian High Commission's authorities in the UK had erred in issuing the contested order.

Advocate Abhijeet Kamat appeared for the Petitioner.

Standing Counsel Raviraj Chodankar represented the Union of India.

Case Title: Chrisella Valanka Kushi Raj Naidu vs Ministry of External Affairs (WP/135/2024)