SRINAGAR — The Jammu and Kashmir administration on Tuesday issued a notification for granting a domicile certificate to the spouse of a domicile holder in the union territory.
A new clause has been added under the J&K Grant of Domicile Certificate (Procedure) Rules, 2020, and allows the spouse of a domicile certificate holder to get the certificate upon submission of certain documents. The power to grant the category of domicile to the spouse of a domicile holder has been conferred with the Tehsildar.
The spouse is eligible to get a certificate upon showing the domicile certificate of his/her spouse and a valid proof of marriage.
“In exercise of the powers conferred by the proviso to Article 309 of the Consitution of India read with section 15 of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act 2010, the Government hereby directs that, in table appended to sub-rule (1) of rule 5 of the Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020, after S.No./Clause 6, the following shall be added as S.No./Clause 7,” the notice reads, attaching the revised clause in the table mentioned below.
Earlier, if a woman from J&K married a man outside the state, he was not given the domicile certificate of the state. With the abrogation of Article 370 and today’s order, the husband of a J&K is eligible to apply for a domicile certificate.
On April 4, the Government of India issued a gazette notification defining the domicile of the newly bifurcated Union Territory of Jammu & Kashmir. It defined a domicile of J&K as one who has resided for 15 years in J&K, or has studied for 7 years and appeared in Class 10/12 exam in J&K, or is registered as migrant by the Relief and Rehabilitation Commissioner.
The order also included children of government employees who have served in J&K for a total period of 10 years or children of parents who fulfil any of the conditions in sections.
The revised notification came after the Government of India unilaterally abrogated Article 370 and Article 35-A and defined the permanent residents of the erstwhile state of J&K.
In May 2020, the J&K administration began issuing domicile certificates to residents. The new amendments allowed any person fulfilling the criteria to apply for the domicile certificate online or in person, with appropriate documents. Moreover, it also directed that an applicant’s domicile application be approved or rejected within 15 days.