Claiming indian nationality

Querist : Anonymous (Querist) 12 January 2010 This query is : Resolved
Hello,

My friend(Indian) was married to a French nationality person and her son was born in France. Her husband left her 10yrs back and she is now living in India with her son. No contacts with her husband and she has not got legal separation as well. Now her son is having french nationality and staying with Visa & Residential permit in India. We want to claim Indian nationality for the kid (13 yrs old)? How can we do the same?
Pls help us as we dont know how to get the information on the same.

Thanks.

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A V Vishal (Expert) 12 January 2010
Section 4 of the Citizenship Act states : A person born outside India on or after 10th December 1992, is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.

By Registration (section 5)

Citizenship of India by registration can be acquired by â€“

a. persons of Indian origin, who or either of whose parents was born in undivided India and who are ordinarily resident in India for seven years;

persons of India origin who are ordinarily residents in any country or place outside undivided India;
persons who are or have been married to a citizen of India and who are ordinarily resident in India for five years;
minor children both whose parents are Indian citizens;
a citizen of Singapore and Canada who is resident in India for five years and eight years respectively.

Further By Naturalisation (section 6)

Citizenship of India by naturalisation can be acquired by a foreigner who is ordinarily resident in India for twelve years (continuously for the twelve months preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months).

An application for grant of citizenship is to be submitted to the Collector/ District Magistrate of the area where the applicant is resident. The Forms and the procedure are prescribed in the Citizenship Rules, 1956.

It is advised to meet an attorney dealing with immigration laws for the needful.