Case Note & Summary
The petitioner, a British national, was married to respondent no.4, an African national holding a Person of Indian Origin (PIO) Card. On 29 December 1993, they married in Sheffield, United Kingdom. As the spouse of a PIO cardholder, the petitioner was granted a PIO Card by the High Commission of India in London. On 15 May 2009, respondent no.4 filed a petition for mutual divorce under Section 28 of the Special Marriages Act, 1982 before the Principal District and Sessions Judge, North Goa. The court granted provisional divorce on 13 January 2010 on the ground of separation and no possibility of reconciliation. On 23 February 2011, respondent no.4 sought to make the provisional divorce absolute. The petitioner filed a reply challenging the court's jurisdiction, arguing that the Special Marriages Act was not extended to Goa and that he had withdrawn his consent. On 17 August 2011, the Deputy Secretary, Ministry of Home Affairs (respondent no.3) passed an order directing the petitioner to surrender his PIO Card on the ground that the marriage had been dissolved. The petitioner's representation against this order was rejected on 1 May 2013. The petitioner challenged both orders by way of a writ petition. The High Court held that the order of 17 August 2011 was passed without affording any opportunity of hearing to the petitioner, in violation of principles of natural justice. The court noted that the petitioner was not heard before the decision to cancel the PIO Card was taken. Consequently, the impugned orders were set aside, and the matter was remitted to respondent no.3 to decide afresh after giving the petitioner a reasonable opportunity of hearing. The court clarified that it had not expressed any opinion on the merits of the case.
Headnote
A) Constitutional Law - Natural Justice - Audi Alteram Partem - Cancellation of PIO Card - The order directing surrender of the PIO Card was passed without giving any opportunity of hearing to the petitioner, which is a violation of principles of natural justice - Held that the impugned orders are unsustainable and set aside (Paras 5-6).
Issue of Consideration
Whether the order directing surrender of the Person of Indian Origin Card without affording an opportunity of hearing to the petitioner is sustainable in law.
Final Decision
The impugned orders dated 17 August 2011 and 1 May 2013 are quashed and set aside. The matter is remitted to respondent no.3 to decide afresh after giving the petitioner a reasonable opportunity of hearing. No order as to costs.
Law Points
- Natural justice
- audi alteram partem
- Person of Indian Origin Card
- cancellation without hearing
- Special Marriages Act jurisdiction in Goa
