KARIMUN NISA Vs. STATE GOVERNMENT OF MADHYA PRADESH

JUDGEMENT

(1.) THIS application under Article 226 of the Indian Constitution is filed for issue of certain writs against the Stats 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 17-121952 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 tills 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 to the State Government on 22-1-1953 for extension of her stay in this Country for 45 days. An extension of 15 days was granted to her, which expired on 14-2-1953. In the meantime she made an application to the High Commissioner for India in Pakistan for grant of a permit for permanent return to India, which was received in his office on 17-2-1953. Prior to this she had sent an application to the Secretary, Foreign Affairs, to the Government Of India, through the State Government for being admitted to the rights of citizenship of India. These applications appear to be still under consideration.