Siona De Souza and Anr. vs the Union of India Thr Its Secretary and Anr. — Bombay HC (2026) — LawSathi Research

Siona De Souza and Anr. vs the Union of India Thr Its Secretary and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: fresh OCI Card application on Respondent No. 2's portal, notice and personal hearing at Mumbai with submission of documents, and decision by the concerned Officer preferably within three weeks thereafter; Rule made absolute in those terms.

Issue for consideration

Whether the Petitioners' OCI Card applications, rejected for failure to produce proof that their father/grandfather was born in Karachi in 1952 (when Goa was Portuguese Territory) and resided in Goa until its liberation, should be reprocessed after the Petitioners are given an opportunity to produce such proof at a personal hearing.

Court's answer

The Petitioners shall apply afresh for OCI Cards on the portal of Respondent No. 2 and intimate Respondent No. 2 of such application.

Ratio / Principle

On such intimation, Respondent No. 2 shall issue notice to the Petitioners to appear before the concerned Officer at his office at Mumbai for a personal hearing and to submit all documents in proof of the contentious issue; the Officer shall then take his decision based on the documents produced before him, preferably within three weeks thereafter.

Key takeaways

The Court expressly refrained from expressing any view on the contentions raised in the petition; the concerned officer of Respondent No. 2 remains free to take a decision based on the documents produced before him.obiter¶36

Detailed headnote1 paragraphs

Bombay High Court at Goa (Valmiki Menezes & Amit S. Jamsandekar, JJ.; judgment per Valmiki Menezes, J.), Writ Petition No. 36 of 2026, decided 22 January 2026: Two Portuguese nationals, whose applications for Overseas Citizen of India (OCI) Cards were rejected by the Foreigners Regional Registration Office, Mumbai, without any hearing, for failure to produce proof that their father/grandfather was born in Karachi in 1952 (when Goa was Portuguese Territory) and resided in Goa until its liberation, approached the Court. Without expressing any view on the contentions raised, the Court disposed of the petition by directing the Petitioners to file a fresh OCI application on the FRRO portal; on intimation, the FRRO is to issue notice for a personal hearing at Mumbai where the Petitioners may submit all documents in proof of the contentious issue, and the concerned Officer is to decide on the documents produced, preferably within three weeks thereafter. Rule was made absolute in those terms.

(33) WP 36.2026

2026:BHC-GOA:111-DB

Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 36 OF 2026

Mrs. Siona De Souza,

Daughter of Simplicio Agostinho De Souza, Wife of Shawn Gabriel D Costa, Aged 34 years,

Portuguese National.

Master Arthur D Costa,

Son of Petitioner No. 1 And Shawn Gabriel D Costa, Minor being of aged 4 years, Portuguese National, Both the above presently Resident of H. No. 301/1, Walkeshwar Vaddo, Bodiem, P. O. Tivim, Bardez, North Goa-Goa. 403502. ... Petitioners

Versus

The Union of India, Through its Secretary, Ministry of Home Affairs, Government of India,

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22^nd January, 2026

(33) WP 36.2026

North Block, General Secretariat,

New Delhi, 110 001.

The Foreigners Regional Registration Office, Mumbai, with office at Badruddin Tayyabji Marg, Mumbai, 400 001. ... Respondents

Mr. Dhaval Zaveri, Advocate for the Petitioners.

Mr. Pravin Faldessai, Deputy Solicitor General of India for Respondent No. 1.

CORAM:- VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.

DATED :- 22^ND JANUARY, 2026.

ORAL JUDGMENT (Per. Valmiki Menezes, J.)

Registry to waive office objections and register the matter.

Heard learned Advocates for the parties.

Rule. Rule is made returnable forthwith; at the request of and with the consent of learned Advocates for the parties, the matter is finally heard and disposed of. Learned Advocate, Mr. Dhaval Zavery, waives service on behalf of the Petitioners,

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22^nd January, 2026

(33) WP 36.2026

learned Deputy Solicitor General of India waives service on behalf of Respondent No. 1.

The controversy in this matter is the failure of the Petitioners to produce proof that their father/grandfather, who was admittedly born in Karachi in 1952 (when Goa was Portugal Territory), and returned to and was resident of Goa until its liberation, resulting in rejection of their application for an Overseas Citizen of India (OCI) Card.

Learned Advocate for the Petitioners submits that they are willing to produce documentation in proof of this fact, but were not afforded a hearing by Respondent No. 2 and their application for OCI Card was rejected without any hearing. To avoid any further delays in processing the Petitioners applications for OCI Card, the Petitioners shall apply on the portal of Respondent No.2 with a fresh application for OCI Card and intimate Respondent No. 2 of such application. On such intimation being given to Respondent No. 2, Respondent No. 2 shall issue notice to the Petitioners to appear before the concerned Officer at his office at Mumbai, for a personal hearing and for the Petitioners to submit all the documents in proof of the contentious issue. The Officer shall then take his decision based on the documents produced before him, preferably within three weeks thereafter.

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22^nd January, 2026

(33) WP 36.2026

The petition stands disposed of with this direction. We have not expressed any view on the contentions raised in the petition and the concerned officer of Respondent No. 2 is free to take a decision based on the documents produced before him and being influenced by any observations made in this order.

Rule is made absolute in above terms.

AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J.

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22^nd January, 2026