DOLLY KHILANKUMAR VADALIA NEE DOLLY KETAN BARAI W/O KHILANKUMAR ASHOKBHAI VADALIAversusUNION OF INDIA

     C/SCA/9457/2025                                  JUDGMENT DATED: 30/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               R/SPECIAL CIVIL APPLICATION NO. 9457 of 2025

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
==========================================================
            Approved for Reporting                   Yes          No
                                                                  No
==========================================================
      DOLLY KHILANKUMAR VADALIA NEE DOLLY KETAN BARAI W/O
                 KHILANKUMAR ASHOKBHAI VADALIA
                             Versus
                      UNION OF INDIA & ORS.
==========================================================
Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MS KRISHNA S SHAH(13157) for the Petitioner(s) No. 1
MR ADITYA DAVDA AGP for the Respondent(s) No. 4,5
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2,3
==========================================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                Date : 30/04/2026

                                  JUDGMENT

1.    Rule         returnable     forthwith.        Mr.    Bhate,       learned
Standing Counsel waives service of rule for and on behalf
of respondent Nos. 1 to 3 and Mr. Aditya Davda, learned
AGP waives service of rule for and on behalf of
respondent Nos. 4 and 5.

2. With the consent of the learned advocates appearing
for the respective parties, the matter is taken up for final
hearing today.

3. Present petition is filed by the petitioner under Articles



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14, 21 and 226 of the Constitution of India r/w the
provisions of the Citizenship Act, 1955; and Citizenship
Rules, 2009 seeking below mentioned relief/s:-

     “30(A) YOUR LORDSHIPS may be pleased to issue a writ
     of mandamus or a writ in the nature of mandamus or any
     other appropriate writ, order or direction quashing and
     setting aside communication dated 09.05.2025 issued by
     Respondent No. 3 at Annexure-O;

     (B) YOUR LORDSHIPS may be pleased to issue a writ of
     mandamus or a writ in the nature of mandamus or any
     other appropriate writ, order or direction directing the
     respondent authorities to process petitioner's passport
     application        bearing        application        number
     AH4060851007025 at Annexure-M expeditiously and
     directing the respondent authorities to issue an Indian
     passport to the petitioner without insisting on producing
     a copy of the certificate of registration of citizenship or a
     certificate of naturalization of Indian citizenship in light
     of the facts of the case;

     (C) In the alternative to Para 29 (A) and (B), YOUR
     LORDSHIPS may be pleased to issue a writ of
     mandamus or a writ in the nature of mandamus or any
     other appropriate writ, order or direction quashing and
     setting aside communication dated 13.05.2025 issued by
     Respondent No. 5 at Annexure R requiring the petitioner
     to submit a foreign passport for issuance of certificate of
     registration of Indian citizenship or a certificate of
     naturalization of Indian citizenship and directing the
     respondent authorities to issue certificate of registration
     of Indian citizenship or a certificate of naturalization of
     Indian citizenship without requiring the petitioner to
     submit a foreign passport and consequently, directing
     the respondent authorities to issue an Indian passport to
     the petitioner in light of the facts of the case;

     (D) During the pendency and final disposal of the
     present petition, YOUR LORDSHIPS may be pleased to
     issue an Indian passport to the petitioner expeditiously


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      without requiring the petitioner to submit a certificate of
      registration of Indian citizenship or certificate of
      naturalization of India citizenship; and

      (E) Pass any such other and/or further orders that may
      be thought just and proper, in the facts circumstances
      and of the present case.”

4. The facts giving rise to present petition are that the
petitioner          was   born     on      18.02.2000           in     Xai-Xai,
Mozambique to Indian citizen parents, namely Ketan
Hasmukhrai Barai and Arti Ketanbhai Barai, both of
whom hold valid Indian passports and other identity
documents issued by the Government of India. The
petitioner’s birth was duly registered with the competent
authorities in Mozambique and a birth certificate was
issued in her name. Immediately thereafter, Mozambique
was struck by a severe flood emergency, owing to which
the petitioner, who was only about 18–25 days old, along
with her parents, was compelled to return to India on
14.03.2000. An emergency certificate was issued solely to
facilitate her return to India. The petitioner has never
acquired Mozambican citizenship nor has she ever held
any   foreign        passport.   Due        to    the   said      emergency
situation, the petitioner’s birth could not be registered
with the Indian Consulate in Mozambique within the
prescribed period.

4.1   Since          14.03.2000,      the        petitioner       has      been
continuously         residing    in     Rajkot,      Gujarat         and      has


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completed her entire schooling and higher education in
India,     including        obtaining     a      Master’s     degree        from
Saurashtra University. The petitioner married an Indian
citizen, Khilankumar Ashokbhai Vadalia, on 30.07.2023 in
Rajkot, and the said marriage is duly registered. Her
husband is an Indian citizen holding a valid Indian
passport and is presently working in Canada on the basis
of a valid work permit.

4.2 Thereafter, the petitioner applied for issuance of an
Indian passport however, the respondent authorities
raised objections on the ground that the petitioner was
born     in    Mozambique         and      required        her    to    furnish
documents            such   as   cancellation       of     the    emergency
certificate, consular registration of birth, or proof of
Indian citizenship. The petitioner approached the High
Commission of Mozambique and was informed that there
is no procedure for cancellation of the emergency
certificate and that she is not a citizen of Mozambique.
The petitioner thereafter obtained an attested copy of her
birth certificate from the High Commission of India in
Maputo,        Mozambique,         which         further    clarified        that
registration of birth could not be carried out at this stage
as the same was required to be done within one year of
birth.

4.3 Petitioner’s passport application was closed and she
was directed to produce a certificate of registration or

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  C/SCA/9457/2025                                  JUDGMENT DATED: 30/04/2026




naturalization          of    Indian     citizenship.   The       petitioner
approached the concerned authorities for issuance of
such certificate; however, she was informed that she
would be required to produce a valid foreign passport.
The petitioner does not possess any foreign passport, as
she has never acquired citizenship of any foreign country.
The petitioner has been residing in India since infancy,
has been educated in India, is married to an Indian
citizen, and holds multiple identity documents issued by
Indian authorities. Despite these facts, the respondent
authorities have failed to process and grant the petitioner
an Indian passport.

4.4 In view of the above facts, the petitioner has
preferred present petition with aforementioned relief/s.

5. Heard Mr. Krishna Shah, learned counsel for the
petitioner, Mr. Pradip D. Bhate, learned Standing Counsel
for the respondent Nos.1 to 3 and Mr. Aditya Davda,
learned AGP for respondent Nos. 4 and 5.

6. Learned counsel for the petitioner submits that the
impugned            actions   of   the     respondent     authority         are
contrary to law. It is submitted that the petitioner has
married an Indian citizen holding an Indian passport and
other valid Indian documents. It is also submitted that the
petitioner herself holds several official Indian documents
like an Aadhar card, PAN card, license, Voter ID and


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driving license.

6.1 Learned counsel for the petitioner submits that the
respondent authorities refused to process the petitioner’s
passport        application        despite         the        petitioner      having
submitted all the necessary documents. It is submitted
that the petitioner was never a citizen of Mozambique
and     has     never   held       Mozambican                 citizenship.      It     is
submitted that the petitioner was informed by the Ld.
Additional Chitnish to the Collector, Rajkot that in order
to apply for Indian citizenship, the petitioner would need
to submit a valid foreign passport. It is submitted that the
petitioner informed the respondent authorities that the
petitioner does not have a foreign passport as she was
never a citizen of Mozambique and as she has lived in
India since she was a child. It is submitted that the
respondent authorities’ refusal to grant the petitioner an
India     passport      is    in     violation           of    the    petitioner’s
fundamental right to hold a valid India passport which is
envisaged under the fundamental right to life under
Article 21 of the Constitution of India. It is submitted that
the refusal to issue a passport is contrary to the
provisions of the Citizenship Act, 1955. It is submitted
that petitioner’s birth has been validly registered under
the Registration of Births and Deaths Act, 1969 pursuant
to a court order, and registration at an Indian Consulate
is not mandatory in petitioner’s case.


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6.2 Over and above, the ground mentioned in the memo
of the petition, learned counsel for the petitioner urges
before the Court to allow the petition and quash the
communication dated 9.5.2025 issued by respondent
No.3.

7. On the other hand learned Standing Counsel / AGP for
the respondent authorities have opposed the petition and
submits       that    the    impugned            communication            is      in
consonance          with    the   settled        principle    of     law       and
therefore, the same may not be quashed.

7.1 It is submitted that the petitioner entered India on an
Emergency Certificate issued by the Government of
Mozambique dated 12.03.2000, along with an Indian visa
dated 10.03.2000 valid up to 09.09.2000, which indicates
that her parents did not follow the prescribed procedure
for acquiring Indian citizenship by descent at the time of
petitioner’s birth in Mozambique and that she appears to
have held Mozambican citizenship. It is submitted that
upon examination of petitioner’s application, it was found
that the petitioner does not qualify as an Indian citizen
under the proviso to Section 4(1)(b) of the Citizenship
Act, 1955, as petitioner failed to provide proof of
registration of her birth at an Indian Consulate within one
year of birth or thereafter with the approval of the
Central Government.


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7.2 It is submitted that an objection letter dated
09.05.2025 was issued calling upon petitioner to submit
documentary proof of Indian citizenship, such as a
certificate of registration or naturalization, since issuance
of a passport is restricted to Indian citizens. It is
submitted that petitioner’s earlier passport applications
dated 29.09.2023 and 24.03.2025 were also closed for the
same reason, i.e., failure to establish Indian citizenship. It
is submitted that the allegation that the actions of the
passport authority are contrary to the Passport Act, 1967
and Passport Rules, 1980 is not correct, as no provisions
have been violated in view of petitioner’s failure to
establish citizenship under Sections 3 or 4 of the
Citizenship Act, 1955. It is submitted that the matter was
referred to the Ministry of External Affairs, which sought
input from the Ministry of Home Affairs, and MHA vide
communication dated 15.10.2025 reiterated that under
Section 4 of the Citizenship Act, 1955 read with Rule 3 of
the Citizenship Rules, 2009, birth must be registered at
an Indian Consulate to claim citizenship by descent, and
also outlined the procedure for applying under Sections 5
or 6 of the Act.


7.3 It is submitted that the petitioner has submitted a
birth certificate issued by Rajkot Municipal Corporation
dated 18.10.2025 showing Rajkot as her place of birth


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based on a Magistrate’s order; however, the same is not
valid for citizenship purposes as prior approval of the
Central Government, as required under Section 4, does
not appear to have been obtained and the certificate
records an incorrect place of birth. It is submitted that for
citizenship by descent, birth must be registered at an
Indian Consulate, and the power to allow delayed
registration beyond one year is vested in the Heads of
Indian Missions as delegated by the Ministry of Home
Affairs.


7.4 In view of the above submissions, it is submitted that
present petition may not be entertained and the same
may be dismissed.


8.      I have perused relevant material and documents
placed on record. I have also gone through the record of
the petition.


9.      It is an admitted fact that the petitioner was born on
18.02.2000 in Xai-Xai, Mozambique to Indian citizen
parents. Immediately thereafter, Mozambique was struck
by a severe flood emergency, owing to which the
petitioner, who was only about 18–25 days old, along with
her parents, was compelled to return to India on
14.03.2000. The petitioner married an Indian citizen,
Khilankumar Ashokbhai Vadalia, on 30.07.2023 in Rajkot,

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her husband is an Indian citizen holding a valid Indian
passport and is presently working in Canada on the basis
of a valid work permit.


10. The petitioner applied for the passport before the
respondent authority. However, the respondent authority
raised objections on the ground that the petitioner was
born    in    Mozambique         and      required       her      to    furnish
documents           such   as   cancellation        of   the      emergency
certificate, consular registration of birth, or proof of
Indian citizenship. Thereafter, the petitioner approached
the High Commission of Mozambique and was informed
that there is no procedure for cancellation of the
emergency certificate and that she is not a citizen of
Mozambique.


11. Upon examination of petitioner’s application, the
authority found that petitioner does not qualify as an
Indian citizen under the proviso to Section 4(1)(b) of the
Citizenship Act, 1955, as petitioner failed to provide proof
of registration of her birth at an Indian Consulate within
one year of birth or thereafter with the approval of the
Central        Government.          The          petitioner’s          passport
application was closed and she was directed to produce a
certificate of registration or naturalization of Indian
citizenship. It also appears from the record that the
parents of the petitioner had not followed the procedure


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      C/SCA/9457/2025                                                               JUDGMENT DATED: 30/04/2026




to acquire Indian citizenship by descent for the petitioner
when the petitioner was born. It also appears from the
record that previously two passport applications vide
number                 AH1068614056223                                dated             29.09.2023                     and
AH4060851007025 dated 24.03.2025 were closed to
same reasons as petitioner was not able to submit
documentary proof of being an Indian Citizen. Further,
the petitioner has failed to prove Indian citizenship as she
is not an Indian citizen by birth or by descent as per
provision of Section 3 and 4 of the Citizenship Act, 1955.


12. For the foregoing reasons and after hearing learned
counsel appearing for both the sides, I am of the opinion
that present petition does not deserve to be entertained
and the same deserves to be dismissed and the same is
hereby dismissed.


14. It            is      open for                 the         petitioner               to       make online
application/off line application for citizenship before the
concerned                  authority.               The          concerned                  authority               shall
decide the same in accordance with law.


                                                                                             Sd/-
                                                                         (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/05/2026 18:02:38




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