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thirumaran (teacher)     29 May 2015

Obtaining domicile certificate for my wife

Respected   Lawyers of this forum,

       My nativity is pondicherry and working in pondicherry education department as teacher. I got married in feb 2014  . My wife native is tamilnadu. Now what my query is whether my wife is eligible to get domicile certificate of pondicherry state for applying to teacher post in pondicherry.

     OR she can apply only after completing 5yrs criteria to get the domile certificate from pondicherry state

forgive me for my ignorance . who were the concerned authorities and if possible can somebody post any govt order regarding this situation

                   very kind of you all

 



Learning

 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     30 May 2015

Obtaining Domicile Certificate in the State Of Puducherry, one has to fullfill the following critera: 

A person who has a permanent residence in State can apply for domicile certificate

Women not originally belonging to a State/UT, but married to men who are permanent residents of the State/UT are eligible to apply for Domicile Certificate.minimum 10 years of state residence proof is required.

 

dr g balakrishnan (advocate/counsel supreme court)     05 June 2015

sir, when you are a teacher in pondicherry that shows you are permanent resident.

when you marry a lady from other state, automatically she reflects your  residency status, that way you have to apply domcile for your wife by duly attaching your marriage certificate that you are legally married to her.

she has to relinquish her domicile status of tamil nadu when she she applies for domicile status at UT pondicherry.

Both are covered under ciizenship article f indian constitution that means both could travel all over india and stay any where in india and get gainful employment either ovt or private firms, if denied you could move Art 19A r/w Art 21 r/w Art 14 of the constitution under Art 226 a writ of mandamus to protect your right to live any where irrespective of domicile rule if such rule is in conflict with basic fundamental rights under Art 13(1)of the constitution of india 

 

 

dr g balakrishnan (advocate/counsel supreme court)     05 June 2015

it is settled law no law of any state culd eclipse your fundamental right if the state or union law harms your fundamental right guaranteed under y=the indan constitution, after all UT pondicherry is governed by the president of india with the right assistance of pondicherry govt, if state govt fails lt gov or gov could issuecorrection , but the CM  is some kind of nut like delhi CM MR KEJRIWAL  them also you could gt your rights protected.

always one has to fight for his right fundamental rights that no govt could ever take away why even yr parliament unreasonably, any unreasonable action by state legislature or even parliament is ultra vires constitution of india.

 

you have right to live under art 21 that could not e taken away by any that way high court or supreme ct would look after yr fundamental rights as custodian of the constitution of india

T. Kalaiselvan, Advocate (Advocate)     06 June 2015

You have an answer in your own question. You have stated that you may have to fulfill the stipulated conditions for the purpose, so what else is the doubt remaining in your mind.  For further details you may refer to the rules by the UT in this regard which you can find it in their website or their administrative office.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 June 2015

The above mentioned information by me is applicable for the state of puducherry only.


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