What does ‘resides’ mean?
1) Jeewanti pandey vs krishna Chandra pandey,20 Oct 1981 Supreme Court
While defining the world of “resides” for deciding jurisdiction the Hon’ble Court Says:”the word “resides” must mean actual residence and not a legal or constructive residence; it certainly does not connote the place of origin. In order to give jurisdiction on the ground of “residence’, something more than a mere temporary stay is required. It must be more or less of a permanent character.”
2) Jagir Kaur & another Vrs Jaswant Singh Dated 13/02/1963 Supreme Court
The Hon’ble apex Court defined the meaning of `resides’while deciding the jurisdiction in maintenance case first time by this landmark judgment. Few relevant lines are reproduced here:”In the Oxford Dictionary it is defined as : “dwell permanently or for a considerable time; to have one’s settled or usual abode ; to live in or at a particular lace”.The said meaning, therefore, takes in both a permanent dwelling as well as a temporary living in a place… Whichever meaning is given to it, one thing is obvious and it is that it does not include a causal stay in, or a flying visit to, a particular place… There is also a broad unanimity that it means something more than a flying visit to or a casual stay in a particular place.”
3) Arthur flowers Vs Minnie Flowers on 15/1/1910 , Allahabad High Court(Full bench).
Learned Judge says while deciding jurisdiction in a matrimonial dispute:”The temporary sojourn for a day or two in Meerut did not constitute residence. The petitioner merely paid a flying visit to Meerut for a temporary purpose and not with any intention of remaining. Mere casual residence in a place for a temporary purpose with no intention of remaining is not ‘dwelling;’ and where a party has a fixed residence out, of the jurisdiction, an occasional visit within the jurisdiction will not suffice to confer jurisdiction by reason of residence”
4) Rifaqatullah Khan vrs. Emperor, AIR 1947 Allahabad High Court 4 : (48 Cri LJ 208) while considering the word ‘reside’ in connection with Section 488(8) Cr.P.C. relating to grant of maintenance, the Division Bench observed :”The word ‘reside’ in S. 488(8) means to live or to have a dwelling place or an abode. It cannot be treated as equivalent to something in the nature of having a domicile in a particular place or the place where the person’s family used to live. Consequently a Magistrate has no jurisdiction to proceed under S.488 against a person who is living in another district from many years and who has no abode of his own within the local jurisdiction of the Magistrate. The fact that his father resides there and he visits that place from time to time is immaterial”.
5) Rashmi Pandey Vrs CMD,8 Dec 2006 Allahabad high Court while defining the meaning of residence hon’ble court says “”In Webster’s Dictionary, ‘to reside’ has been defined as meaning to dwell permanently or for any length of time. Where there is such fixed home or such abode at one place, the person cannot be said to reside at any other place where he had gone on a casual or temporary visit…If there is animus revertendi, his temporary stay at another place, however long, will not have the effect of changing his permanent residence”
6) Abdul Hamid Sadiq vs Bibi Ashrafunnissa on 16/9/1964 AIR 1965 Patna High court observes in maintenance case
“The word ‘resides’ implied something more than a mere brief or flying visit……………Any person who dwells permanently or for a considerable time at a particular place may be said to be ‘residing’ at that place. What should be the length of the period which would attract the provisions of Sub−section (8) has to be decided by a Court with reference to facts of the ease before it. The Court should always try to distinguish whether the period of stay was meant merely for a visit or for the purpose of residence, although of a temporary character,”
7) N. Ramarao Mane vs Radha Rukmini Bai on 4/8/1972 Karnataka High Court observed in maintenance case
“It is wrong to treat the word “resided” as equivalent to something in the nature of having a domicile in a particular place or one’s place of origin or where one’s family lives. But ‘resided’ means to live or have dwelling place or abode.”
