Aadya Sharma (Minor) v. Union Of India & ORS

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6400/2017 AADYA SHARMA (MINOR) ..... Petitioner Through Ms Sumita Kapil, Advocate.

versus UNION OF INDIA & ORS ..... Respondents Through Mr Kirtiman Singh, Advocate.

Mr Vinod Diwakar, CGSC for R1 and R2 with Mr S. Pandey, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 28.07.2017 1.

The petitioner - who is aged 2 years - has filed the present petition under Article 226 of the Constitution of India through her mother (natural guardian).

2.

The petitioner states that she is entitled to the citizenship of United Kingdom as her father, respondent no.3, is a British national. It is averred that while the petitioner was still in the womb of her mother, her mother was forcibly brought to India and respondent no.3 has thereafter filed for divorce. It is claimed that notwithstanding, the discord between the respondent no.3 and the petitioner's mother, the petitioner would still be entitled to claim her rights as a British citizen. 3.

The petitioner has sought orders to be issued to respondent nos. 1 and

2 to provide status and location of the respondent no.3. This is in the context of the averment that respondent no.3 spends considerable time in Bangalore and is involved in certain ventures in that city. It is also averred that he is employed with a National Health Scheme (NHS) in U.K. 4.

In view of the above averments made, the respondent nos. 1 & 2 are directed to provide all information as available with respondent no.1, FRRO, regarding the visits of respondent no.3 and his location in India, after giving respondent no.3 due notice and after eliciting his comments. 5.

The further prayers made by the petitioner regarding directions to the respondent no.3 to provide relevant papers is vague. If the petitioner needs any assistance from the relevant authorities, she is at liberty to make an appropriate application providing the necessary details of papers/documents required by her. Needless to state that if such details can be provided in law by the concerned authorities, the same would be so provided. 6.

In the event, the petitioner finds any further difficulty in obtaining any information, the petitioner would be at liberty to apply afresh. 7.

The petition is disposed of with the aforesaid directions. VIBHU BAKHRU, J JULY 28, 2017 pkv