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DIXIT, CHATURVEDI
Naziranbai – Appellant
Versus
State – Respondent


Advocates Appeared:
M. A. Khan, for Opponent.

JUDGEMENT :

DIXIT, J.

This is an application under Art. 226 of the Constitution of India for the issue of a direction to the State of Madhya Bharat, restraining the State from compelling the petitioners to leave India.

2. According to the petitioner Naziran Bai she, was born and brought up in Indore, and she married one Mohammad Ismail of Indore in 1946. In 1948 her father migrated to Pakistan. As she was expecting her first child, her father came from Pakistan and took her to Karachi on the authority of a temporary permit. The petitioner Naseem Bano was born to her on 22-8-1949 at Karachi. Thereafter she fell seriously ill and could not come to India within the time allowed by the permit. She, therefore, applied several times to the High Commissioner for India in Pakistan as well as to other authorities in India for a permit for her permanent return to India. But no permit was granted to her.

She was, therefore, compelled to apply to the Pakistan Government for a passport to visit India, which she obtained; and sometime in March, 1954 she returned to India on a Pakistan Passport No. 151313 dated 5-1-1954. The applicant Naziran Bai further states that on her return to India another dau























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