State Of Jammu & Kashmir, Dr. ... vs Dr. Susheela Sawhney And State Of ... on 7 October, 2002
Equivalent citations: AIR 2003 J K 83, 2003 (1) JKJ 35
Author: V Jhanji
Bench: V Jhanji, T Doabia, M Jan
JUDGMENT V.K. Jhanji, J.
1. The Reference to the Full Bench is ;
"Whether the daughter of a permanent resident of the state of Jammu & Kashmir marrying a Non Permanent resident loses her status as a permanent resident of the State of Jammu & Kashmir, to hold , inherit and acquire immovable property in the state ? "
2. In fact the loss or absence of status as a permanent resident of the state of Jammu & Kashmir disentitles a person not only in respect of acquisition of immovable property in the state, but also in respect of employment in the state and the right to scholarship and such other forms of aid as the State Government may provide. The issue, there fore, is :
" Whether the daughter of a permanent resident of State of Jammu & Kashmir losses her status as a permanent resident of the state of Jammu & Kashmir on her marriage with a person, who is not a permanent resident of the State of Jammu & Kashmir ? "
3. For proper understanding of the issue, it is expedient to notice the facts of each case, which have given rise to the reference for the constitution of the Full Bench.
LPA (sw) No. 27/79 C/w LPA (ow) No. 24/79, State of Jammu & Kashmir Vs. Dr. Susheela sawhney and Dr. Ravinder Maadan Vs. State of Jammu & Kashmir & anrs.
..........................................................
34. In the ultimate analysis, I agree to the view of brother V.K Jhanji, J only to the extent that a female non permanent resident of the state on her marrige to the permanent resident of the state will have right to inherit the property in accordance with the personal law of the deceased; regarding employment education and other rights; which I have enumerated in my separate judgement. However, I do not agree to the ultimate conclusion that a female will not lose the status as a permanent resident on her marriage with a non-permanent resident of the state on the disability discussed and raised in paras 22,23,26,27 and 29 of my separate judgement.
83. In view of the majority opinion, we hold that a daughter of a permanent resident marrying a non permanent resident will not lose the status of permanent resident of the state of Jammu and Kashmir.
84. Registry is directed to place the cases before the appropriate Bench, in accordance with the roster.