Toddler Case: HC Sets Aside OCI Status Revoke Notice of Indian Origin CoupleTop Stories

September 14, 2018 04:08
Toddler Case: HC Sets Aside OCI Status Revoke Notice of Indian Origin Couple

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The Delhi High Court has set aside a notice of termination of Overseas Citizenship of India (OCI) status directed by the Consulate General of India in Houston to the Indian-origin couple in the United States who were friends with the foster parents of a three-year-old Indian girl found dead in a culvert in Dallas in October earlier this year.

Justice Vibhu Bakhru said the May 3, 2018 show cause notice, sent to Manoj N Abraham and Nissy T Abraham asking why their OCI status be not canceled, gives a clear impression that the Consulate General of India (CGI) has "pre-decided the issue".

"It also does not indicate the reasons on the basis of which it is proposed to cancel the OCI card issued to the petitioners.mIn this view, the impugned order dated May 3, 2018, is set aside," the court directed.

It likewise said that if the central government or the CGI propose to cancel the OCI status of the couple from Kerala then a specific show cause notice shall be issued to them indicating the reasons for such an action and they would be provided an opportunity to be heard.

Related content: India to Revoke OCI Card of Sherin Mathews' Parents, Relatives

The order came on the couple's plea challenging the May 3 notice of the CGI.

The petitioners' were friends with foster parents Wesley Mathews and his wife Sini, of the three-year-old girl, Sherin Mathews whose decomposed body was found in a culvert nearby her home on October 22 earlier this year, two weeks after her Indian American adoptive parents reported her missing.

A post-mortem had concluded that the minor died of homicidal violence, but in what way she died could not be determined due to the decomposition of the body.

Her adoptive father, Wesley, initially told police he had left her outside the home at 3.00 a.m. to chastise her for not drinking her milk.

Then he altered his statement and said she had choked on her milk while he tried to feed her in the garage.

He had as well self-confessed that the family had gone out to dinner that night and left her home unaccompanied.

Earlier in 2016, the couple from Kerala had adopted the minor from an orphanage in Bihar.

Whereas Wesley was accused on charges of capital murder and meddling with evidence, his wife Sini was accused on a charge of deserting a child.

By Sowmya Sangam

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