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tina (hdhdh)     17 November 2012

Temporary residence considered as last resided area

Dear Members,

My brother has filed divorce case in mumbai. my brother and his wife stayed together on rented house for 9 months in mumbai since both were working in hospital in mumbai. later his wife left the house since she completed her internship as doctor. she is staying at karnatak and raised the point of jurisdiction that she never resided together with him. my brother has lease agreement. but judge is raising point that temporary residence cannot b considered as last resided area. his wife and lawyers r not attending court since 6 dates.... can any one provide me with citation that temporary address is considered as last resided area.



Learning

 3 Replies

Vijay Kumar (Advocate)     17 November 2012

Law does not stress upon permanent residence.

Moreover, your brother was doing work at  Mumbai and possesses lease agreement.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 November 2012

Mumbai can definately be considered the place where the spouses last resided together. 

6. Ordinary meaning of the word 'reside' is to dwell or live in. One cannot constructively reside in a premises. 'To reside' means to live or to have a dwelling place or abode. It may be said that a person resides in a place, if he, through choice makes it his abode. Whether a person has chosen to take a particular place his abode depends upon the facts of each case. Dictionary meaning of the word "residence" is "to dwell" permanently for a considerable time; to have once settled or shall abode, to live in. Mere fact that a person visits a place occasionally or casually would not amount to such residence. The punctuation of the words "husband and wife resided or last resided together" indicates that expression "together" must be read "with last resided" only. "Residence" connotes two elements i.e. (i) actual or physical habitation, and (ii) intention to remain there for some length or time. 

nine months residence is a good enough time. 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

ANAMIKA VICHARE (LAWYER)     25 November 2012

You have not stated  the place of marriage...but the residence not be a permanent one, that is why it is last resided together....

the intention is to reside and cohbait, you hve done so...

you can challenge the order


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