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After Amendment to Act, Spouses of Jammu and Kashmir Women from Outside State Can Get Domicile

Earlier the domicile certificate was given only to someone who lived in Jammu and Kashmir for 15 years or served the region for a definite time period.  (Reuters)

Earlier the domicile certificate was given only to someone who lived in Jammu and Kashmir for 15 years or served the region for a definite time period. (Reuters)

The Jammu and Kashmir administration has already issued a notification in this regard on Tuesday.

Bindiya Bhatt from Faridabad has wanted to settle in Jammu and Kashmir along with her husband Deepak Sehgal, after her retirement, but this wasn’t possible earlier. But after an important order executed by the Jammu and Kashmir administration, now Bindiya Bhatt’s dream will become a reality.

The new rule allows domicile status to the husbands of women who are from Jammu & Kashmir and live outside the region. Bhatt was happy about the development and said that while earlier the women of Jammu and Kashmir had to earlier face discrimination, but now had the same rights as the men of the region.

Bhatt met her husband Sehgal, who is a Punjabi, while working in Delhi and they got married in 2015. Bhatt says that being a Kashmiri pandit is a part of her identity and she will remain a proud Kashmiri for her entire life.

The decision by the administration of the union territory administration is a big relief. According to the decision taken by the office of the Lieutenant Governor, spouses of domicile certificate holders of the region are entitled to equal rights. The administration has already issued a notification in this regard on Tuesday. By virtue of the new order, if men or women from outside the region are matrimonially connected to domicile certificate holders of the region; then he or she is entitled to equal right as his/her spouse.

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Earlier the domicile certificate was given only to someone who lived in Jammu and Kashmir for 15 years or served the region for a definite time period. Even after the abrogation of Article 370, 35A on August 5, 2019, the women of the region who got married outside the state faced hardship. Article 35A ensures property rights and jobs to local residents; but those who got married outside the region were deprived of these rights.

Sons and daughters will now have right to property 

Advocate Charu Walli Khanna says this will ensure all the rights for the women who got married outside the state. Now those women from Jammu & Kashmir will be able to give their land and property to their husbands and children. Earlier women had to get rid of their lands by selling land at a throwaway price.

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first published:July 24, 2021, 15:48 IST