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july 1991

Supreme Court of India · 1991-07-24

MR. LOUIS DE RAEDT & ORS. vs UNION OF INDIA AND ORS.

Citation / case number
SC 1987/71091
Court
Supreme Court of India
Petitioner
MR. LOUIS DE RAEDT & ORS.
Respondent
UNION OF INDIA AND ORS.
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court dismissed the writ petitions challenging the deportation orders under the Foreigners Act, holding that the petitioners did not acquire Indian citizenship under Article 5(e) of the Constitution. The Court established that domicile of origin is retained until a new domicile of choice is acquired, which requires intention to remain permanently in India. The petitioners failed to prove such intention, as their residence in India was not accompanied by the necessary animus manendi, thus affirming the legality of the deportation order.

MR. LOUIS DE RAEDT & ORS. vs UNION OF INDIA AND ORS. · Niyam