Non-native spouses of J&K women can now get domicile certificate

Jammu (TIP): The Jammu and Kashmir administration has added a clause to the J&K Grant of Domicile Certificate (Procedure) Rules, 2020, allowing the spouse of a native woman married outside the Union Territory to apply for a domicile certificate.

As per the new clause, the concerned tehsildar has been authorized to issue domicile certificate to the spouse of a woman upon showing the domicile certificate of his wife as well as a valid proof of marriage. The Deputy Commissioner is the appellate authority in case of any grievance.

The order has also modified the application of domicile condition to all levels of jobs in the Jammu and Kashmir government, as the newly added clause has been brought under the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act as well. A notification issued by General Administration Department on orders of Lt Governor Manoj Sinha read that “in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, read with section 15 of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act 2010, the government hereby directs that”, the new clause shall be added “in the table appended to sub rule (1) of rule 5 of the Jammu and Kashmir Grant of Domicile (Procedure) Rules, 2020, after S.No./Clause 6”.

Even after the August 5, 2019 abrogation of Article 370 of the Constitution, the spouse of a native woman married outside Jammu and Kashmir was not issued a domicile certificate as the gazette notification issued by the Central government on August 4, 2020 provided for the issuance of a domicile certificate only to those who have resided in the Union Territory for 15 years, or have studied for seven years and appeared in Class 10 or 12 exam in the UT.

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