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Foreign Father’s Immigration status on the date of birth of child in India is decisive for minor’s passport

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The father of the petitioner – seven year old girl – is British National.  He came to India on Employment Visa in 2007 to 2009 and married her mother in New Delhi.

He was arrested in 2011 for overstay in India and convicted for the offence under Section 14 of the Foreigners Act vide judgment dated 2.7.2016.  The said conviction was upheld and the sentence was reduced to 20 days already undergone by the father.  However, the Appellate Court ordered deportation of the petitioner’s father.

The petitioner was born on 24.1.2018 in India.  She was given passport in 2018 and valid till 5.4.2023.  However, the subsequent passport was revoked for suppression of material information.

In December, 2021, the parents of the petitioner moved to Goa.  The application of the petitioner for new passport was rejected on 9.7.2025.

 

Passport of minor girl born in India to British National & Indian Mother – Section 3(1)(c)(ii) of the Citizenship Act, 1955 – Foreigners Act, 1946

Section 3(1)(c)(ii) of the Citizenship Act provides that one of the parents should be a citizen of India and another should not be an illegal migrant at the time of birth of child in India.  Then such a child can be a citizen of India by birth.

The question, therefore, was whether the father of the petitioner was an illegal migrant on 24.1.2018 – birth date of the petitioner.

Judgment dated 11.12.2025 of the High Court of Bombay at Goa in Writ Petition No.2901 of 2025 (Filing No.) of Ms Xami Dha Tirakita Kaye, minor   Vs.  Union of India and others

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