J&K notifies rules for issuance of Domicile Certificate for spouses of domiciles

Jammu & Kashmir ministration on Tuesday issued a notification for granting a domicile certificate to spouse of a domicile holder in UT. A new clause has been ded under J&K Grant of Domicile Certificate (Procedure) Rules, 2020, and allows spouse of a domicile certificate holder to get  certificate upon submission of certain documents. power to grant category of domicile to spouse of a domicile has been conferred with tehsildar. spouse is eligible to get a certificate upon showing -- 1) Domicile certificate of his/her spouse and 2) valid marriage proof. 

New J&K Domicile clause

"In exercise of powers conferred by proviso to article 309 of Consitution of India, re with section 15 of Jammu and Kashmir Civil Services Act 2010, government hereby directs in sub-rule (1) of rule 5 of Jammu and Kashmir Grant of Domicile Certificate Rules 220, after S.No/Clause 6, following shall be ded," notice res, attaching revised clause in table mentioned below.

Earlier, if a woman from J&K married a man outside state, spouse was not given domicile of state. With abrogation of article 370 and today's order, husband of a woman from J&K is eligible to apply for a domicile certificate

Centre issues new domicile law for J&K

On April 4, Centre issued a gazette notification defining domicile of newly bifurcated Union Territory of Jammu & Kashmir. It states that a domicile of J&K is 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 Relief and Rehabilitation Commissioner.' order also includes 'children of government employees who have served in Jammu and Kashmir for a total period of ten years or children of parents who fulfil any of conditions in sections'. revised notification came after  Centre abrogated Article 370 & Article 35 A and defined permanent residents of erstwhile state of Jammu and Kashmir.

In May 2020, Jammu and Kashmir ministration began issuing domicile certificates to residents. new amendments allowed any person fulfilling criteria to apply for domicile certificate online or in person, with appropriate documents. Moreover, it also directed that an applicant's domicile application be approved or rejected with 15 days.