Bombay High Court Grants Indian Citizenship to Minor Child Born in India

Court Quashes Passport Rejection, Confirms Citizenship Rights Under Section 3 of the Citizenship Act, 1955

In a landmark decision, the Bombay High Court's Goa Bench has granted Indian citizenship to a seven-year-old girl, Ms. Xami Dha Tirakita Kaye, born in India to an Indian mother and a British father. The court's decision, dated December 11, 2025, directs the authorities to process her application for a new passport, affirming her citizenship rights under Section 3(1)(c)(ii) of the Citizenship Act, 1955.

The judgment, delivered by Justices Sarang V. Kotwal and Ashish S. Chavan, addressed the issue of citizenship by birth, focusing on the status of the child's parents at the time of her birth. The court noted that the petitioner was born in India on January 24, 2018, to a mother who is an Indian citizen and a father who was not considered an illegal migrant at the time of her birth. The father's visa was valid until March 31, 2018, thus meeting the requirements of the Citizenship Act.

The petitioner's original passport, issued shortly after her birth, was revoked on grounds of suppressed information regarding her father's immigration status. However, the court clarified that the revocation of the initial passport should not impede the issuance of a new one, provided the petitioner meets the necessary legal requirements.

The court's ruling emphasized that the father's legal status at the time of the child's birth is crucial in determining citizenship. Despite a prior conviction for overstaying, the father's permission to remain in India until March 31, 2018, granted by a competent authority, confirmed that he was not an illegal migrant at the time of the child's birth.

The judgment directs the Regional Passport Office in Panaji and the Chief Passport Officer in New Delhi to reconsider their decisions rejecting the child's passport application. The court's directive ensures that the child, who has resided in India her entire life, is recognized as an Indian citizen, safeguarding her rights and future opportunities.

This decision underscores the importance of humane considerations in citizenship matters, especially concerning minors. The case highlights the judiciary's role in upholding the rights of individuals born in India under the Citizenship Act, ensuring that bureaucratic hurdles do not deprive them of their rightful nationality.

Bottom Line:

Citizenship rights of a minor child born in India - Determination of citizenship under Section 3(1)(c)(ii) of the Citizenship Act, 1955, based on the status of parents at the time of birth.

Statutory provision(s): Citizenship Act, 1955 Sections 3(1)(c)(ii), 2(l)(b)

Ms Xami Dha Tirakita Kaye v. Union of India, (Bombay)(Goa Bench)(DB) : Law Finder Doc Id # 2821481