AI Overview...
-
Temporary Stay vs. Permanent Residence - Courts have consistently held that a temporary residence does not equate to permanent residence. For instance, Respondent No. 4's temporary stay in Delhi did not disqualify his permanent residence in Batala, and similarly, a temporary stay in Simla due to weather did not negate residence there (02300050694, 02300038492). The key factor is the presence of animus revertendi (intent to return), which distinguishes temporary stays from permanent residence. Rattan Singh VS Union of India - Punjab and Haryana, Ram Narain Mehra VS General Accident Assurance Corporation Ltd. - Punjab and Haryana, SUBHRA RAUL VS NATHAN RAUL - Orissa, Pastor J. S. Singh VS Jyoti Singh - Madhya Pradesh, PASTER J. S. SINGH VS JYOTSANA SINGH - Madhya Pradesh
-
Legal Definitions and Interpretations - The term reside is interpreted as implying a residence of a permanent character. Temporary stays, even if lasting several months, do not alter one's permanent residence if there is an intent to return to the original abode. For example, courts have clarified that temporary residence in cantonments or other locations for a limited period does not change the legal residence (02500018633, 02700006771).
-
Implications for Jurisdiction and Rights - Jurisdiction for legal proceedings, such as divorce, hinges on the permanent residence rather than temporary stays. Even a temporary stay at another place, with the intent to return, does not affect the right to file based on the original residence. This principle ensures that a person's legal residence remains unchanged despite temporary relocations (01720093704, 02700001852).
-
Criteria for Residence - The presence of animus revertendi is crucial. A person who stays temporarily with no intention to make it their permanent home retains their original residence. Casual visits or brief stays without the intent to settle do not constitute residence (02700024305, 01500042728). Conversely, staying with the intent to dwell permanently or for a substantial period can establish residence, but mere visits or short-term stays do not.
Analysis and Conclusion
The overarching principle across these cases is that temporary residence does not constitute permanent residence. Courts emphasize the importance of animus revertendi—the intent to return—to determine residence status. Short-term stays, even if prolonged, generally do not affect one's legal residence unless accompanied by an intention to settle. This distinction is vital in legal contexts such as jurisdiction, residence verification, and rights related to domicile.
References: - 02300050694 - 02300038492 - 02500018633 - 02700006771 - 01720093704 - 00300044178 - 02200025078 - 01500042728 - 02700024305 - 02700001852
Search Results for "Temporary Stay is Not Permanent Residence"
1996 0 Supreme(P&H) 885 • India - Punjab and Haryana
K.K.SRIVASTAVA, JAWAHAR LAL GUPTA
It found that Respondent No. 4 had a permanent residence in Batala and that his temporary stay in Delhi did not disqualify him from ... Finding of the Court: The court found that Respondent No. 4 had a permanent residence in Batala and that his temporary ... The court interpreted the residence requirement in the advertisement as not requiring the applicant to reside in the town itself ... The joining for training....
1951 0 Supreme(P&H) 112 • India - Punjab and Haryana
KAPUR
of residence there and his temporary stay in Delhi due to the severity of the weather did not mean that he was not dwelling in Simla ... place of residence in Hari Lodge, Simla, and his temporary stay in Delhi due to the severity of the weather did not mean that he ... place of residence in India can institute a suit in a court in India even if the cause of action arose partly in Pakistan. ... ... But, in this cas....
2006 0 Supreme(All) 3203 • India - Allahabad
B.S.CHAUHAN, DILIP GUPTA
Paras 26, 28, 29, 30, 31 and 32] ... (B) Words and phrases—Expressions “residence ... Nos. 2 and 3 respectively—Petitioner contends that respondent-5, was not “resident” of that particular place, as per advertisement ... , and that he did not satisfy requirements, contained in that advertisement—Held, application form of respondent-5, for allotment ... The word ‘reside’ in Order V Rule 4 of the Code of Civil Procedure, has been defined to mean residence of a permanent character and not....
2008 0 Supreme(MP) 851 • India - Madhya Pradesh
A.K.PATNAIK, SANJAY YADAV
The court held that temporary residence in the Cantonment for a period of six months, whether in a maintained house or any other ... Finding of the Court: The court found that temporary residence in the Cantonment for a period of six months, whether ... Final Decision: The court dismissed the writ petition, holding that temporary residence in the Cantonment for a period of ... ... It is thus clear that the word "reside" includes not only permanent#HL_END....
2025 0 Supreme(Raj) 2052 • India - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Munnuri Laxman, Bipin Gupta
is intrinsic to the adjudication process; temporary residences do not negate jurisdiction if permanent residence is established ... ... ... Issues: The main issue was whether the appellant's temporary stay in Ahmedabad negated her permanent residence in Jalore ... residence does not eliminate the right to file for divorce based on permanent residency. ... The ....
2019 0 Supreme(Kar) 1279 • India - Karnataka
MOHAMMAD NAWAZ
for a time only which is not permanent- A temporary residence is a temporary dwelling place of aggrieved person who has for time ... takes circumstances of domestic violence Court on basis of temporary residence word "temporarily" means lasting existing serving ... she is compelled to reside in view of commission of domestic violence this temporary residence must be one which an aggrieved person ... The legislature in its wisdom ....
1998 0 Supreme(Ori) 423 • India - Orissa
ARIJIT PASAYAT
time, and not a mere casual or temporary stay. ... time, and not a mere casual or temporary stay. ... OF HIGH COURT AND DISTRICT COURT - RESIDENCE OF HUSBAND AND WIFE - MEANING OF 'RESIDE' - TEMPORARY STAY VS. ... If there is an animus revertendi, his temporary stay at another place, however long, will not have the effect of changing one's own permanent #HL_STAR....
2001 0 Supreme(Ker) 669 • India - Kerala
R.RAJENDRA BABU
– Residence with the respondent at Bombay was not a casual stay during his visit to Bombay. ... wife and son who were residing there permanently and as such his residence at Bombay was their last residence together and as such ... would indicate that the petitioner had gone there not on a casual visit, but had gone there with the intention to stay with his ... their abode or residence, either permanent or temporary#HL_END....
1981 0 Supreme(MP) 514 • India - Madhya Pradesh
C.P.SEN, S.S.SHARMA, B.C.VERMA
[Para 3 ... The word 'residence' signifies a man's abode or continuance ... If there is an animus revertendi, his temporary stay at another place, however long, will not have the effect of changing one's own permanent residence at the original place. ... 4. ... A mere casual visit to a place with no intention of dwelling there by a husband and wife who have a fixed place of residence elsewhere will not amount to residence in that pl....
1981 0 Supreme(MP) 520 • India - Madhya Pradesh
C.P.SEN, S.S.SHARMA, B.C.VARMA
DIVORCE - JURISDICTION - LAST RESIDENCE - MEANING - RESIDENCE OF HUSBAND - WIFE VISITING HUSBAND DURING VACATIONS - LIVING TOGETHER ... The wife did not appear before the District Judge or the High Court. ... There shall be animus manendi or an intention to stay for a period, the length of the period depending upon the circumstances of ... If there is an animus revertendi, his temporary stay at another place, however long, will not have the effect of changing one's ow....
Filter by Legal Phrase
