• Domicile

A daughter of a civil servant married to another civil servant who is herself a civil servant will be a domicile of which state? And why? A daughter should be given a chance to continue to be domicile of her father’s state.By civil servant i mean transferrable jobs..
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

A Domicile/Residence Certificate is generally issued to prove that the person bearing the Certificate is a Domicile/Resident of the State/UT by which the Certificate is being issued.

2)You will be required to produce proof of continuous residence in the State/UT for a specified minimum period, or that of holding land in the State/UT, depending on the rules in the State/UT concerned

3)By marriage a woman acquires the domicile of her husband, if she had not the same domicile before.

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Hello,

The law with regards to the state domicile is not very concrete in India as of now, but following in general is considered by the state authorities while deciding the Domicile:

1. After marriage the wife acquires the domicile of her husband, if the domicile was not same before marriage.

2. As per state (policy matter) there shall be a minimum period of time spent by a person in a particular state.

3. The person has specif area of land in the state.

Domicile in general terms is the usual place of residence, and therefore even if your daughter is in a transferable job her domicile will be determined by the domicile of her husband.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

By marriage a woman acquires the domicile of her husband, if she had not the same domicile before. This is given in Section 16 in The Indian Succession Act, 1925.

16. Wife’s domicile during marriage.—A wife’s domicile during her marriage follows the domicile of her husband.

(Exception) —The wife’s domicile no longer follows that of her husband if they are separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation.

This has also been held by various courts in number of cases.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

Section 15 of the Indian Succession Act deals with "domicile acquired by a woman on her marriage" and Section 16 deals with "wife's domicile during marriage". These relevant sections are reproduced below:

15. Domicile acquired by woman on marriage.By marriage a woman acquires the domicile of her husband, if she had not the same domicile before.

16. Wife's domicile during marriage.A wife's domicile during her marriage follows the domicile of her husband.

3)Exception: The wife's domicile no longer follows that of her husband if they are separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation.

4)since you are not divorced or judicially separated from your husband you would have domicile of your husband

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Hi, you can continue with the domicile of your birth place / state ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. On marriage the woman gets the domicile of her husband in view of Section 16 of Indian Succession Act which lays down that a wife's domicile during her marriage follows the domicile of her husband.

2. If you do not like this provision of law then you are free to challenge it in the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Respected sir/mam

Yes, it is possible to be a resident of two different states at the same time, though it’s pretty rare. One of the most common of these situations involves someone whose domicile is their home state, but who has been living in a different state for work for more than 184 days. In a situation like this it is conceivable that you could be the resident of two states.

Filing as a resident in two states should be avoided whenever possible. States where you are a resident have the right to tax ALL of your income. This is regardless of where it was earned. If you are a resident of two states, you will likely end up paying more in state taxes than if you were a resident of just one, or a resident of one state and a nonresident of another.

Thanku

Dinesh Sharawat
Advocate, Delhi
1265 Answers
12 Consultations

1. You may take domicile certificate of State to which you wish to belongs to.

2. Then question arises to prove the same in negative by the aggressor.

3. Till then keep quiet and nobody questions your origin of domicile.

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

A Domicile/Residence Certificate is generally issued to prove that the person bearing the Certificate is a Domicile/Resident of the State/UT by which the Certificate is being issued. This Certificate is required as proof of residence to avail Domicile/Resident Quotas in educational institutions and in the Government Service, as also in case of jobs where local residents are preferred.

Women not originally belonging to a State/UT, but married to men who are permanent residents of the State/UT or who are eligible for the State's/UT's Domicile Certificate, are eligible to apply for Domicile Certificate.

A change of residence, to enable a person to perform the duties of a civil office, whether elective or appointive, does not of itself constitute a change of domicile[ii]. Even though a person may be absent from his/her domicile for many years, and may return only at long intervals, nevertheless s/he retains his/her domicile if s/he does not acquire a domicile elsewhere.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

By law only one domicile can be held. If i wish to be a domicile of only my ancestral state being an only child what is the procedure.. There must be a precedence bcz just by marriage how can a girl be of another state? Thats wrong. Am a gazetted central govt officer. I should habe equal rights.

Most of the Indian States and their authorities consider a residence certificate as a domicile certificate. ... Domicile as a conflict of laws concept identifies a person, in cases having a foreign element, with a territory subject to a single system of law, which is regarded as his personal law.

In its technical sense, domicile is a conflict of laws principle and it has no role to play while deciding the territorial laws of a nation. In essence, domicile involves existence of more than one sovereign jurisdiction and a corresponding resolution of legal issues by applying the most appropriate law in a given circumstances.

A change of residence, to enable a person to perform the duties of a civil office, whether elective or appointive, does not of itself constitute a change of domicile[ii]. Even though a person may be absent from his/her domicile for many years, and may return only at long intervals, nevertheless s/he retains his/her domicile if s/he does not acquire a domicile elsewhere.

The interesting part about a domicile is that no one can be without a domicile and no one can have two domiciles. This is logical as well as a person domiciled in a particular jurisdiction cannot be domiciled in another foreign territory. For instance, in India a domicile of origin is attributed to every person at birth by operation of law. This domicile is not decided by his place of birth or by the place of residence of his father or mother, but by the domicile of the appropriate parent at the time of his birth, according as he is legitimate or illegitimate.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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