The Bombay High Court, Goa Bench, addressed the denial of an Indian passport renewal to a minor, Chrisella Valanka, whose mother had acquired Portuguese citizenship. The court ruled that the minor, who was born in India and whose father remains an Indian citizen, retains her Indian citizenship by birth under the Citizenship Act, 1955. The court concluded that the mother's foreign citizenship does not affect the child's Indian citizenship, emphasizing that the child cannot be rendered "stateless." The High Court ordered the issuance of a passport to the minor, stating that the refusal was not grounded in any valid legal reason under the Passports Act, 1967.

1. Case Background

• Parties Involved: The petitioner, Miss Chrisella Valanka, a minor represented by her mother, Ms. Cony Fernandes, challenged the decision of the Ministry of External Affairs and related authorities denying her passport renewal.
• Situation: Chrisella, born in India to Indian parents, was denied a passport renewal on the grounds that her mother, now a Portuguese citizen, holds her physical custody.

2. Legal Context and Issues

• Citizenship Laws: The case revolved around the interpretation of the Citizenship Act, 1955, particularly Section 3, which grants Indian citizenship by birth.
• Passport Renewal Rejection: The authorities argued that Chrisella was ineligible for an Indian passport as her custodial parent was a foreign national, which the court found to be an unsustainable ground.

3. Court's Analysis

• Indian Citizenship by Birth: The court emphasized that Chrisella, born in India, is an Indian citizen by birth. The acquisition of foreign nationality by her mother does not alter her citizenship status.
• Statelessness Concern: The judgment underscored that denying the child an Indian passport would effectively render her stateless, which is contrary to the principles of citizenship law.

4. Verdict and Implications

• Court's Decision: The Bombay High Court quashed the passport authority's decision, directing them to issue a passport to Chrisella unless valid grounds for refusal under the Passports Act, 1967, were present.
• Legal Precedent: This case reaffirms the protection of Indian citizenship for minors, even when their custodial parent acquires foreign nationality.