The Madras High Court while dismissing a petition observing that a married woman does not relinquish her residential rights at her parental home due to marriage.
Case Title: G. Mayakannan v. The District Collector
Case No: W.P. No.2456 of 2021
Decided on: 30 October, 2023
CORAM: HON’BLE Ms. JUSTICE R.N. MANJULA
Introduction
The Madras High Court while dismissing a petition filed by G. Mayakannan contesting the appointment of a B Saranya as Panchayat Secretary based on residency claims, observed that a married woman does not relinquish her residential rights at her parental home due to marriage.
Facts of the Case
The G. Mayakannan filed a petition challenging the appointment of the B Saranya in the post of Panchayat Secretary alleging that she is not resident of the panchayat, and she got the employment through forgery and misrepresentation. He further alleged that he is much senior to her as per Employment Exchange registration roster and she has only registered in the only for the purpose of this post.
B Saranya was born and brought up in Jayakondam and her parents were permanent residents of Jayakondam. After marriage, she shifted her residence to that of husband’s place. The petitioner based his contention based on shifting her residence due to which she lost residence of Jayakondam and due to same she is not eligible for the post of Panchayat Secretary.
Courts analysis and decision
The court was of the opinion that a woman does not abandon or loss her native residence after her marriage and she can’t be assumed to have disowned her residential rights at her parents’ house due to her marriage. She has absolute right to choose her residence between natal home and marital home. A married woman has all rights to choose where to live or stay.
In the present case, B Saranya is still a resident of Jayakondam though she is married, and her parents are still in Jayakondam and not uprooted from that place. The onus on the married woman to choose her residence and she does not loss her native residence merely because she shifted to her husband’s place after marriage.
The court further noted that it is not compulsory to choose the senior over the junior for employment of any post. Though individuals who have registered earlier and are in a waiting status should not be overlooked in favor of sponsoring those who registered later.
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Written by- Rupika Goundla
