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1953 Supreme(Nagpur) 101

SINHA, BHUTT
KARIMUN NISA – Appellant
Versus
STATE GOVERNMENT OF MADHYA PRADESH – Respondent


Advocates Appeared:
P G Kukday, T P Naik, Advocates

JUDGMENT

1. This application under Art. 226 of the Indian Constitution is filed for issue of certain writs against the State Government, respondent No. 1, and the Union Government, respondent No. 2, directing them not to order the petitioner to leave India against her wish.

2. Petitioner Karimun Nisa was born and brought up at Nagpur and her parents are citizens of India. She was married to Abdul Rahim who elected to be a citizen of Pakistan and went to Quetta on 28-12-1947. The petitioner went with him to Pakistan and remained there till, after the death of her husband, she returned to India (Nagpur) on 17-12-1952 on a Pakistan passport No. 079685, dated Karachi, 21-11-1952, with a category 'C' Indian visa No. 4192, dated 8-12-1952, granted by the High Commissioner for India in Pakistan.

It is her case that she did not intend to leave India permanently and never lost her citizenship of this Country. At any rate her domicile of origin, viz., India, was revived when she came back to this country and she is entitled to remain here at Nagpur according to her will.

3. The visa with which she came to India was valid only for 45 days. As it was to expire on 30-1-1953, she made an application






























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