Query related to nationality
Gavin.....
(Querist) 16 June 2012
This query is : Resolved
A catholic Indian woman marries a pakistani man.They have 3 children after marriage.
The husband deserts the wife after marriage.
The woman returns to india with the children and they stay in inda.
The children are now major.
My queries are-
1.what will the nationality of the children be?
2.Can they get Indian passports ?
3.Can they buy property and stay in India?
Please guide.
Kiran Kumar
(Expert) 16 June 2012
the children were born out of loins of a Pakistani father and they were born and brought up in Pakistan only.
they are Pakistani Nationals, not entitled to Indian Passport.
there investments here shall be governed by the relevant laws for the foreign nationals...
Devajyoti Barman
(Expert) 16 June 2012
1. Pakistani
2. Only if they become Indian citizen later
3. As per restrictions of RBI.
Gavin.....
(Querist) 16 June 2012
can they become indian citizen later and have indian passports???
R.K Nanda
(Expert) 16 June 2012
Yes, they can.
Shonee Kapoor
(Expert) 16 June 2012
yes they can
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 16 June 2012
They can accept Indian Citizenship, as mother is Indian, and residing in India. Equal right to mother, as that of father.
But till then, they are Pakistani.
Gavin.....
(Querist) 17 June 2012
Thank you legal experts.Your advice is appreciated.
Dr V. Nageswara Rao
(Expert) 17 June 2012
1. Irrespective of whether you and husband are divorced, major children can become naturalised aliens under Indian Citizenship Act of 1955.
2.As a rule, kids get the nationality of their father (jus sanguinis--relationship by blood) and also in your case (jus soli---country of birth i.e., Pakistan) Either way they are Pakistani.
3. As you have acquired Palistani nationality by reason of your marriage, It is better that you also apply for Indian nationality so as to revive your original Indian origins.
M V Gupta
(Expert) 17 June 2012
As regards Mr. Rao's observation that by marriage the woman has acquired Pakistani nationality, it may be stated that nationality is not acquired by mere marriage. Nationality is determined on the basis of a person belonging to a particular ethnic group by birth or long residency. in the instant case the woman has returned to India after few years of stay in Pakistan. Hence she cannot be regarded as national of Pakistan.
Gavin.....
(Querist) 17 June 2012
Well I forgot to mention that the pakistani man was her second husband.Her first marriage
was with an egyptian man and she had 4 children from the egyptian.The egyptian husband had deserted her too.and then she married the pakistani.
Dr V. Nageswara Rao
(Expert) 18 June 2012
It is true that under the Convention of 1957 a woman will not get husband's nationality AUTOMATICALLY, but most probably the lady must have acquired Pakistani nationality after marriage GIVEN THE CONDITIONS THERE.. If she has, then her Indian nationality has to be revived.
M V Gupta
(Expert) 21 June 2012
The tennis star Ms. Sania Mirza continues to be Indian national even after marriage to a Pakistani. She has not relinquished her Indian citizenship. She still represents India in all international sports. Hence in the case given by the querist it has to be seen whether the woman had given up her Indian citizenship. If not, in my view she will continue to be Indian national.However her children who are born outside India may be citizens of the country where they are born.
Guest
(Expert) 21 June 2012
Your question is incomplete. You have not mentioned the country of birth of the children, which decides the nationality.
So, the answer to all the three queries of yours depends whether the children have the Indian nationality or not.
Gavin.....
(Querist) 21 June 2012
Let me clarify the statements-
1.All the children were born in Saudi Arabia.She was staying in saudi arabia at that time and her children were born there.
2.She still holds an Indian passport in her maiden name.However after marriage can she still use her maiden name in the passport?
3.
