After a woman filed a petition on being denied a residence certificate from her parent's address, the Rajasthan High Court has clarified that a woman's native place of residence cannot be changed based on marriage and that she is entitled to a domicile certificate from her parent's residence.
26-year old Anita Suthar filed the petition saying that she was born in Chittorgarh and lived in Chittor for years with her parents. She has the original residence certificate of Chittorgarh, which comes under the Tribal Sub Plan (TSP) area. After marriage, she went to her in-law's house in Badri Sadri. Though she applied at the Tehsildar office for a certificate of being a resident of the TSP area, it was rejected, saying her current residence is not included in the TSP area.
Justice Dinesh Mehta clarified that one cannot change the place of residence based on marriage alone. If the woman lived in a TSP area before marriage, she is entitled to a Special Domicile (TSP) certificate, he stressed.
"The respondents cannot deny the petitioner Special Bonafide Resident Certificate (TSP Area) simply because she has moved out of TSP Area, as a consequence of her marriage. Special bonafide residence or residence is to be reckoned from the native place of residence of the candidate and his parents. It has nothing to do with marriage," he said.
Anita has been instructed to make a fresh application with the Tehsildar of Badi Sadri with a certified copy of the order. The Tehsildar has been given fifteen days to settle the matter.