Permanent residence certificate of wife

Rahul (Querist) 15 May 2018 This query is : Resolved
Hello, I am the husband and my marriage was solemnised on 24/04/2106,at my ancestral place which is my permanent residence also.I belong to uttarakhand and my wife lived with me at my place for 1.5 year and she was working as Bank employee.A daughter was born out of wedlock at my place.Now due to matrimonial difference she has started living with her parents at her parental place in another district of uttarkahnd.She has claimed permanent residence of that district now.
My question is, can my wife after marriage claim the permanent residence at her parental place after deserting me ??? Please advice

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Guest (Expert) 15 May 2018
Do you feel any problem with that address, if your wife declares that as permanent address? If so, please discuss the real problem, not like an academic query.

Rahul (Querist) 15 May 2018
Yes sir I feel problem.Since I have file sec 9 HMA and to transfer that file she has sworn in affidavit in HC claiming that she is permanent resident of her parental place and has shown as,if she was working and living in her parental place.

Rahul (Querist) 15 May 2018
Further my querry is not on the permanent address.My main querry is that can my wife after marriage and deserting me,claim the permanent residence certificate from her parental place or can declare that she is a permanent resident at her parental place.

Guest (Expert) 15 May 2018
Nothing like that, you can serve notice on her known address. Your lawyer can take care of the formalities. You just have the need to engage a lawyer to represent you effectively.

Guest (Expert) 15 May 2018
Irrelevant question, if not related to any problem. Even otherwise, her parental address is already her permanent address, there is no need to take any certificate from her parents.

Rahul (Querist) 15 May 2018
Sir it's not irrelevant question.As per indian succession act rule 16, wife domicile during subsiquent of her marriage follows the domicile of her husband unless they are separated by competent court
Furhther as marriage is solemnised wife automatically aquires the domicile of her husband
Further I stated that,in affidavit she has sworn in that she is a permanent resident of another district ( her parental place where she is living at present due to employment,bank employee)

Rahul (Querist) 15 May 2018
Sir I would like to ask my question in another way.
Before marriage was a permanent resident of district dehradun,as she was living with her parents at that time.After marriage she started living with me at my place and she was working at my place.But after deserting me she again started living with her parents and working there again.Now can she obtain permanent residence certificate at her parental place after marriage????
Is these legal in the eye of law

Guest (Expert) 15 May 2018
The Women has all the Rights to file the suit for divorce, maintenance, Harassment etc in the place of where she presently resides. Even if the Suits were already filed in other place she could file a Transfer Petition in the Concerned High Court with valid Reasons which would be certainly accepted.. If she requires to transfer the case to other State also where she resides it could be done by Filing the Transfer Petition in supreme Court . So instead of worrying about the case where it had been filed concentrate on how to contest your case.

Rahul (Querist) 15 May 2018
Respected sir,
You are right, that she can file transfer petition where she resides at present but if she claims that residing place as her permanent residence of xxxxxxx district in her affidavit then I have objection and want to highlight it to the high court.Because residence due to employent, permanent residence, ordinary residence in legal terms have different meaning and moreover when women is married
Please enlighten me on this matter

Guest (Expert) 15 May 2018
In fact, you do not have any problem. Even if there is any such problem, you are not coming openly with the facts, why you are interested in her permanent address or certificate for that. There is no relevance for a permanent address for the purpose of sec.9 HMA.
You may better rely on your lawyer on the issue of address.

Rahul (Querist) 15 May 2018
Sir,In affidavit before oath commitioner she has claimed that she is a permanent resident of XXXXXX district of uttarrakhand.Now to claim permanent residence of uttarakhnad following are the rules
a) must be residing in uttrakhand since 1985 or before
b) must have ancestral place in that district
c) Parivar register copy
d) electricity bill
e) ration card
f) proof of continuous residence in uttaranchal
g) if employed in uttarakhnad then should be non transferrable post out side uttarakhand
She is living in that district due to her employment and that is her ancestral place.
NOW she is married,then she can not claim that place as her ancestral place because by virtue of marriage under HMA her ancestral place is now by default,the ancestral place of her husband
Further she is there due to nature of her employment which is transferrable post
Please advice

Ms.Usha Kapoor (Expert) 16 May 2018
She can claim residence from you consistent with her status in matrimonial home and also interim maintenance either under section 24 HMA or 125 CR.P.C etc if she is not gainfully employed.However if she has left your company without reasonable cause you need to pay less maintenance although courts are liberal in allowing reasonable maintenance.,.

Guest (Expert) 16 May 2018
Nobody can deprive a woman from her right to keep her original or parental address, as her permanent address. You may better discuss about your real problem from her declared permanent address, instead of raising any academic query. No certificate from anyone or affidavit is required for keeping an address as a permanent address.

Sudhir Kumar, Advocate (Expert) 16 May 2018
"can my wife after marriage claim the permanent residence at her parental place after deserting me ???"

WHY NOT

Sudhir Kumar, Advocate (Expert) 16 May 2018
someone will advise him to file RCR

RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.

This forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.

Sudhir Kumar, Advocate (Expert) 16 May 2018
you have already been well advised at http://www.lawyersclubindia.com/experts/inlaws-not-handing-over-minor-child-and-wife-657766.asp

If you think that this forum will advise you how to commit atrocities on wife then you are at a wrong place.

Your wife left you and it could have been serious trouble for her if you were in taliban ruled Afghanistan you can refer

You can see your wishful thinking – you can see the following link

https://www.youtube.com/watch?v=MWsSVkzskos

Guest (Expert) 16 May 2018
If you have a proof of her permanent address other than the declared permanent address, you can challenge in the court of law to get a judicial verdict for your mental satisfaction. Your frivolous query has no relevance, whatsoever.

Rahul (Querist) 16 May 2018
Respected members,
Permanent address and place to claim as a permanent residence is a different thing.

Permanent address may be as per convience but to claim a permanent resident of a district of a state it has to be as per guideline of that state.
It is a my contention that women who is married to a permanent resident of another district can she claim herself as a permanent resident of another district with in same state where infact she is living from past 7 month ie at her parental place

Living, at her parental place after marriage and desertion,with intention to live permanently is a different thing and to claim a permanent resident of particular district is another thing.

Permanent resident of a district of state is decided as per law under the authority of SDM and tehsildar

Guest (Expert) 16 May 2018
You seem to claim more knowledge of law than the experts. If you believe that "permanent resident of state is decided as per law under the authority of SDM and tehsildar," there was no reason for you to ask such a question in this forum. However, WHICH LAW, you have not mentioned that in your statement. Let the experts also enhance their knowledge from your knowledge to help them realize that you are more knowledgeable expert than them..

P. Venu (Expert) 16 May 2018
You ought to meet the issues on merits than pursuing technicalities.

Sudhir Kumar, Advocate (Expert) 16 May 2018
you may better try to peacefully solve matrimonial problem.

T. Kalaiselvan, Advocate (Expert) 18 May 2018
Marriage is not a binding that she has to forego all her rights or privileges.
She can claim permanent residence or bonafide residence in a place of her choice if she can produce the documentary proofs to satisfy the conditions for that.

Ms.Usha Kapoor (Expert) 27 June 2018
Agree with Sudhir Kumar and Kalai Selvan.

Permanent residence certificate of wife

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