Regions & Countries



AIR 1955 Hyd 34

Year Decided



Hyderabad HC    India    

Relevant Legislation (Internal Link)

The Influx from Pakistan (Control) Act, 1949


The petitioner migrated to Pakistan from India without any permit or certificate, stayed there for two years and later returned to India. He claimed to have been a minor at the time of both, the migration and his trial. It was argued that he was an Indian citizen, since the domicile of a minor must be that of the parent, who were both Indian citizens. The court found that the petitioner was not a minor. In Article 7 of the Constitution, word "migrate" embraces the notion of the transference of allegiance from the country of departure to the country of adoption. It was found that the petitioner had every intention of migrating to Pakistan. Therefore, he was not an Indian citizen.

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