1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2694 OF 2007 Zarina Mansoor Jamani.. .. .. Petitioner. Versus Union of India.. .. .. .. .. Respondent. Mr. Rui A. Rodriques i/by Mr. Piyush Shah for the Petitioner. Mr. Rajiv Chavan with Ms. Ritu Singh i/by Mr. T. C. Koushik for the Respondent. CORAM: BILAL NAZKI and S. A. BOBDE, JJ. DATED : 7TH FEBRUARY, 2008. P. C.: The petitioner is a citizen of United States of America but by reason of amendment to the Citizenship Act, 1955 she has been conferred the status of Overseas Citizen of India and as such she can stay in India indefinitely. Her husband is a national of United States of America and does not enjoy the Overseas Citizenship of India status under the Citizenship Act, 1955. 2. This writ petition has been filed by the petitioner praying that the respondent should allow the petitioner's husband to stay with the petitioner as she has a right to live in India by virtue of being an Overseas Citizen of India. On last occasion we had requested the learned Counsel 2 appearing for the Union of India to appraise us as to who are the authorities who can consider the request of the petitioner and we are informed that the petitioner and her husband can make a representation before the Ministry of Home Affairs, Foreign Division, New Delhi. 3. In view of the above, we feel that at this stage this Court would not be in a position to go into the controversy whether the husband of the petitioner can be allowed to stay in India with his wife because the matter has not been considered at all by the Government of India. Therefore, we allow the petitioner to make a representation to the Ministry of Home Affairs, Foreign Division, New Delhi and if such a representation is made the Ministry shall decide the same on its own merits and in accordance with law. Petition is accordingly disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (S. A. BOBDE, J.)