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In the High Court of Delhi at New Delhi (Extraordinary Civil Writ Jurisdiction) Writ Petition (Civil) No. ___Of 2021 In

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In the High Court of Delhi at New Delhi (Extraordinary Civil Writ Jurisdiction) Writ Petition (Civil) No. ___Of 2021 In IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRAORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (CIVIL) NO. _____ OF 2021 IN THE MATTER OF: S. PARTICULARS PG. NO. NO. 1. Notice of Motion 1-2 2. Urgent Application -3 3. Memo of Parties 4-5 4. Synopsis and List of Dates 6-20 5. Writ Petition under Article 226 of the Constitution of India along with supporting 21-160 affidavit 6. Annexure P-1 A scanned true copy of the certificate of 161TO registration of marriage along with apostille 162 certificate of the Petitioner Nos. 1 and 2. Mr. Joydeep Sengupta & Ors. …PETITIONERS VERSUS Union of India & Ors. …RESPONDENTS INDEX 7. Annexure P-2 163 True copies of photographs of the civil TO ceremony of the marriage of the Petitioner Nos. 167 1 and 2 at the City Hall in New York City. 8. Annexure P-3 A scanned true copy of the passport of the -168 Petitioner No. 1. 9. Annexure P-4 A scanned true copy of the OCI card of the 169 Petitioner No. 1. TO 171 10. Annexure P-5 A scanned true copy of the passport of Petitioner -172 No. 2. 11. Annexure P-6 (COLLY) Scanned true copies of the visas of Petitioner No. 173TO 2. 178 12. Annexure P- 7(COLLY) True copies of the MHA notifications dated 11th 179TO April, 2005., 22.05.2020, 21.10.2020 and 190 04.03.2021 13. Annexure P-8 True copies of some of the published articles 191 written by the Petitioner No. 3 on issues faced TO by the LGBTQIA+ community and their rights. 212 14. Annexure P-9 A true copy of the notification F. No. 26011/Misc./47/2019-OCI dated 15.11.2019 213 with Frequently Asked Questions (“FAQs”) and TO answers to the same issued by the Ministry of 230 Home Affairs, Foreigners Division. 15. Annexure P-10 (COLLY) 231TO True copies of the RTIs dated 1st March, 2021 248 filed by the Petitioner No. 3 on behalf of the Petitioner Nos. 1 and 2. 16. Annexure P-11 (COLLY) True copies of the replies dated 10th March, 2021 issued by the MEA CPV Division and the th reply dated 16 March, 2021 issued by the 249TO MHA, Foreigners Division to the RTI 258 Applications. 17. Annexure P-12 (COLLY) True copies of the replies dated 30th March, 259 2021 issued by the MHA, Foreigners Division TO to the RTIs. 262 18. Annexure P-13(colly) True copies of the replies dated 30th March, 263TO 2021 issued by the MHA, Foreigners Division 266 to the RTIs 19 ANNEXURE P-14 true copy of the reply dated 31st March, 2021 267 issued by the MEA, CPV Division to the RTI TO Application 268 20 ANNEXURE P-15 True copy of The FAQs pertaining to eligibility 269TO in applying for OCI available on the website of 277 the Ministry of External Affairs 21 C.M.A.NO. ____OF 2021 Application for exemption from filing lengthy 278 seeking permission for list of dates with affidavit TO 282 22 C.M.A.NO. _______OF 2021 Application for exemption from filing original/ 283TO certified/ dim/ legible true type copies of the 287 annexures with affidavit 23 Vakalatnama 288TO 290 24 Court Fees 291 25 Proof of Service 292 PETITIONERS THROUGH COUNSEL Karuna Nundy With Ruchira Goel, Utsav Mukherjee, Ragini Nagpal and Abhay Chitravanshi Advocates for the Petitioners B-1/33A, Top Floor, Hauz Khas, New Delhi [email protected] +91-9818258357 Date:05.07.2021 Place: New Delhi 1 IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRAORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (CIVIL) NO. _____ OF 2021 IN THE MATTER OF: Mr. Joydeep Sengupta & Ors. …PETITIONERS VERSUS Union of India & Ors. …RESPONDENTS NOTICE OF MOTION To, The Registrar, Delhi High Court New Delhi. Please take notice that the accompanying Writ Petition (Civil) under Article 226 of the Constitution of India for issuance of appropriate directions has been filed by the Counsel for the Petitioners in the High Court of Delhi and the same is likely to be listed on 06.07.2021 before the Hon’ble Court. Kindly find enclosed herewith a copy of the writ petition. This is for your information. Thanking You. Yours Faithfully, THROUGH COUNSEL Karuna Nundy With Ruchira Goel, Utsav Mukherjee, Ragini Nagpal and Abhay Chitravanshi Advocates for the Petitioners B-1/33A, Top Floor, Hauz Khas, New Delhi [email protected] +91-9818258357 Date:05.07.2021 Place: New Delhi To: 2 3 IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRAORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (CIVIL) NO. _____ OF 2021 IN THE MATTER OF: Mr. Joydeep Sengupta & Ors. …PETITIONERS VERSUS Union of India & Ors. …RESPONDENTS URGENT APPLICATION The Registrar, Hon’ble High Court of Delhi New Delhi Kindly treat this application as an urgent one as per High Court Rules. An application for urgent listing was filed by the Petitioners on 05.07.2021. The same was allowed by the Registrar for tentative listing on 06.07.2021. (Reference No. ) It is prayed accordingly. Yours Faithfully, THROUGH COUNSEL Karuna Nundy With Ruchira Goel, Utsav Mukherjee, Ragini Nagpal and Abhay Chitravanshi Advocates for the Petitioners B-1/33A, Top Floor, Hauz Khas, New Delhi [email protected] +91-9818258357 Date:05.07.2021 Place: New Delhi 4 IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRAORDINARY CIVIL WRIT JURISDICTION) WRIT PETITION (CIVIL) NO. _____ OF 2021 IN THE MATTER OF: Mr. Joydeep Sengupta & Ors. …PETITIONERS VERSUS Union of India & Ors. …RESPONDENTS MEMO OF PARTIES 1. Mr. Joydeep Sengupta R/o 8 rue Lallier, 75009 Paris, France Petitioner No. 1 2. Mr. Russell Blaine Stephens R/o 8 rue Lallier, 75009 Paris France … Petitioner No. 2 3. Mr. Mario Leslie Dpenha R/o 506 Maheshwar Niketan, Kolbad Road, Thane – 400 601, Maharashtra ... Petitioner No. 3 VERSUS 1. Union of India Ministry of Home Affairs, Through Secretary, North Block, New Delhi- 110001 … Respondent No. 1 2. Consulate General of India, New York Through the Consul General East, 64th Street (between 5th & Madison Avenue), NY-10065 Respondent No. 2 5 3 Union if India Ministry of External Affairs, Through its Secretary, Consular, Passport and Visa Division, Room No. 3, Patiala House Annex, Tilak Marg, New Delhi- 110001 … Respondent No. 3 ALL SERVED THROUGH THE STANDING COUNSEL (CIVIL) DELHI HIGH COURT NEW DELHI THROUGH COUNSEL Karuna Nundy With Ruchira Goel, Utsav Mukherjee, Ragini Nagpal and Abhay Chitravanshi Advocates for the Petitioners B-1/33A, Top Floor, Hauz Khas, New Delhi [email protected] +91-9818258357 Date:05.07.2021 Place: New Delhi SYNOPSIS The present Petition seeks inter alia, a declaration that a spouse of foreign origin of an Indian Citizen or Overseas Citizen of India (‘OCI’) cardholder is entitled to apply for registration as an Overseas Citizen of India under Section 7A(1)(d) of the Citizenship Act, 1955 regardless of 6 the gender, sex or sexual orientation of the applicant spouse . The Petitioners also seek legal recognition of all same-sex, queer or nonheterosexual marriages under secular legislations for marriage such as the Foreign Marriage Act 1969 and the Special Marriage Act 1954 in accordance . Petitioner Nos. 1 and 2 in the present writ petition are a married samesex couple resident in Paris, France. They met in New York in 2001 and have been in a loving relationship for nearly 20 years. Petitioners No. 1 and 2 got married in New York on August 6, 2012, and are recognized as a legally married couple in the U.S., France, and Canada – the three countries where they have primarily lived and worked in the last twenty years. They have a certificate of registration of marriage issued by the Office of the City Clerk of New York dated 6th August, 2012 and apostille certificate of the same date issued by the Special Deputy Secretary of State, New York. Joydeep Sengupta and Blaine Stephens, Petitioners 1&2, are preparing for their new role as parents, and they are expecting their first child in July 2021. The Petitioner No. 1, Joydeep Sengupta, was born in India and was an Indian citizen at birth. He grew up knowing he was gay, and that his right to love and marry was illegal. Education and work took Mr. Sengupta abroad, he is now a lawyer admitted to the Bars of New York, Paris and Ontario, Canada. He specializes in cross-border investigations, compliance and regulatory matters for some of the world’s largest financial institutions and global corporations. Mr. Sengupta is a Canadian Citizen now and since 2011 he has been an Overseas Citizen 7 of India (“OCI”). Mr. Sengupta’s parents and extended family all live in India, and he continues to maintain longstanding professional ties to India. He travels to his Indian home regularly. Blaine Stephens is Mr. Sengupta’s husband and Petitioner No. 2. He is a U.S. citizen and currently a long term resident of France. The Petitioner No. 2 has no legal status in India and has only been able to visit India after qualifying for various temporary visitor or business visas. The Petitioner No. 2’s first trip to India was to meet the Petitioner No. 1’s extended family and friends in India in January 2002. Since then, the Petitioner No. 2 has had multiple visas and has visited India many times to see family and professionally. Petitioner No. 2 is an economist who specializes in microfinance and economic development. He has deep professional relationships with Indian business partners in microfinance, which have included the Reserve Bank of India.
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