Domicile

Exception to general principle under O.M. 1971, whereby domicile of a civil servant stands frozen upon entering civil service, has been carved out in the case of female officers who marry during service

Recognizing constitutional values of equality, dignity and realities of social mobility that accompany marital life, a limited concession is provided whereby a woman officer may, only once, adopt domicile of her husband if she seeks appointment to a post through direct recruitment

Such exception acknowledges that marriage often entails a change in residence and social identity and aims to accommodate such transitions without violating broader principle of domicile integrity

Such option is strictly a one-time concession in the entire service tenure of female officer

Once exercised, the new domicile (based on husband's domicile) stands frozen and remains immutable regardless of whether the officer is subsequently divorced, widowed, or remarries a person from another province

Such safeguard ensures that the exception does not evolve into an instrument of circumvention or manipulation and preserves the constitutional scheme of fair and equitable representation across the Federation.

Exception to general principle under O.M. 1971, whereby domicile of a civil servant stands frozen upon entering civil service, has been carved out in the case of female officers who marry during service

Recognizing constitutional values of equality, dignity and realities of social mobility that accompany marital life, a limited concession is provided whereby a woman officer may, only once, adopt domicile of her husband if she seeks appointment to a post through direct recruitment

Such exception acknowledges that marriage often entails a change in residence and social identity and aims to accommodate such transitions without violating broader principle of domicile integrity

Such option is strictly a one-time concession in the entire service tenure of female officer

Once exercised, the new domicile (based on husband's domicile) stands frozen and remains immutable regardless of whether the officer is subsequently divorced, widowed, or remarries a person from another province

Such safeguard ensures that the exception does not evolve into an instrument of circumvention or manipulation and preserves the constitutional scheme of fair and equitable representation across the Federation.

Definition and distinction.

Issuance of domicile certificate under Pakistan Citizenship Act, 1951 would make it evident that a particular person was a domicile of Pakistan

Expression "domicile" would reflect a person's status as a citizen of a particular State or country, whereas expression "permanent residence" might be a pure question of fact as to his residence in a particular area

Governor and Provincial Government or Chief Minister concerned has the prerogative to nominate any qualified person as a non-statutory member, irrespective of his/her domicile

Preference may be given to a person belonging to the Province concerned, with a view that he/she may have more knowledge about dynamics of the Province.

Candidate was permanent resident of Abbottabad (KPK) and got married to a person who belonged to Tribal Areas having domicile of FATA

Petitioner did not acquire the domicile of her husband's abode and appeared in the competitive examination on the basis of her own domicile

Female candidate had been provided a choice either to get the domicile of her husband's abode or to continue with her own domicile

Petitioner could not be deprived on her own domicile for entering into government service

Person once entered in service on the basis of his domicile could not change it for the purpose of acquiring another job in the government service

Domicile of petitioner was still intact in the present case

Petitioner was entitled to be considered for appointment against quota reserved for women candidates for the post in question

Name of petitioner be included in the list of candidates for interview and she be considered for appointment on the basis of her own domicile if otherwise eligible

Constitutional petition was allowed accordingly.

Domicile once claimed by candidate and accepted by Federal Public Service Commission for the purpose of admission to an examination is final and no change is allowed at subsequent examination or selection.

Record showed that petitioner had fraudulently obtained domicile certificate of District "K", though he was not resident of District "K", but he was resident of District "S" and thus had usurped the right of the residents of District "S" for appointment in government department in their District

High Court declined to exercise extraordinary discretion in favour of the petitioner ho had not come to the court with clean hands having defrauded the authorities by producing forged documents

Constitutional petition was dismissed.

Domicile of father would prevail while deciding the domicile of a child and not of mother.

District Magistrate, by canceling Domicile Certificate, had acted illegally and arbitrarily as no such powers vested in him after issuing a Domicile Certificate. .

Domicile of origin after adopting domicile of choice, remains in abeyance during that period and is revived on abandonment of choice.

Domicile and residence being different things, a person may have a permanent domicile at one place and temporary residence at another place

Any person can change his domicile and acquire a fresh domicile viz. domicile by choice

Where, however, any person claimed that he had acquired domicile of his choice, burden of proving the same would be on him

Considerable evidence would be required to prove such intention or such facturn

Children normally follow the domicile of their parents until they grow up and then can acquire a new domicile by operation of law as on being married or they can acquire domicile of their choice by settling permanently at a place other than their parents domicile

Where, however, any person was resident at a place in connection with his employment or other vocation for a definite period of time and not indefinitely, such domicile would not be permanent domicile but only for a special purpose

Where respondent (student) had obtained subsequent domicile for special purpose of getting admission, in medical college and had thus, usurped right of those who were permanently domiciled at that place, such subsequent domicile certificate would stand cancelled and petitioner being permanently domiciled there (and who had been wrongly deprived by respondent) would be accommodated in the seat occupied by respondent, while respondent's name would be struck off the college roll.

[Educational institution].

Minors are deemed in law to be holding the citizenship of their father.

Domicile certificate originally issued to petitioner was duly enquired into, after verification of concerned Tehsildar, based on the evidence of Chairman arid members of more than one Union Councils

Status of petitioner as also that of his father being. originally domicile of concerned district could not be disputed

Petitioner's father having shifted his residence to Gilgit and doing his business there, by itself would not be sufficient to indicate that he had abandoned his domicile of origin, more particularly when he was still holding his ancestral property therein. in token of his adherence thereto

Subsequent enquiry report and cancellation of domicile certificate being misconceived proceeded on wrong direction

Order of cancellation of petitioner's domicile was. thus, not sustainable.

Person born in a particular place would be deemed to be domiciled there, unless it was shown that he, with the intention of abandoning the place of domicile, had left the same.

Domicile Domicile Certificate and Permanent Residence Certificate, granted to a person, could not subsequently be cancelled without issuing show-cause notice and without giving that person opportunity of being heard in accordance with principles of natural justice

Where petitioner was a citizen of a State by birth he/she would not require such certificate to be a citizen of such State.

Permanent residence-Persons in service-Citizen has a right to change his domicile at any time-In, case of persons in service who are generally posted at different places, it should be seen at what place they intend to reside permanently after retirement froth service.

Main classes of. In law there are two main classes of domicile, one is the domicile of origin which is communicated by operation of law to each person at the time of his birth and the other domicile of choice which every person of full age is free to acquire in substitution for that which he possesses. The domicile of choice is voluntary and can be abandoned or changed according to the intention and permanent residence of a person while domicile of origin remains in abeyance during that period and can be revived.

Possession of Domicile Certificate, held, does not give entitlement for grant of Permanent Residence Certificate if such person established to be not resident of District or to have abandoned that District for good.

S. 17-Pakistan Citizenship Rules, 1952, r. 23(b)-Prospectus of Bolan Medical College for Academic Session 1978, r. 23(5)(iv)Admission to Medical College-Domicile certificate-Validity of Place of domicile of a person-May even change under changed circumstances-Candidate in compliance with requirements of r. '23(5)(iv) of College Prospectus filing copy of domicile certificate issued by District Magistrate stating candidate's father to be a domicile of his District-Mere fact of District Magistrate of another District having also earlier issued a domicile certificate in favour of candidate's father stating him to be a domicile of his District-Did not detract against validity of second domicile certificate issued afterwards after more than eleven years-Candidate's father having been living for 30 years in a place within jurisdiction of District Magistrate

Residence must answer qualitative as well as quantitative test Naturalisation; purchase of house; exercise of political rights; financial expectations; establishment of children in business; place of family residence-Indecia of a person's intention in regard to residence.

Law relating to-Domicile of choice-Animus mamendi-Indecia of residential intention-Domicile of choice is retained until abandonment i.e. giving up both residence and intention to reside-Woman on marriage acquires domicile of her husband.

Domicile -Domicile of origin remains attached to person till such time as he not only manifests but carries into execution his intention of abandoning same and acquiring another-Loss of domicile of origin-Burden lies on person alleging-Pakistan (Control of Entry) Act (LY of 1952), S. 4 read with S. 3(6).

Deemed to be dwelling at place where he actually resides.

Law of domicile of husband allowing oral divorce-Such divorce if recognised as valid by Courts of country of domicile is binding on Courts of all countries-[Muhammadan Law-Divorce].

Husband, perm-meet employee of North-Western Railway since 1922-Posted at Rawalpindi in 1930-Opted for Pakistan-Married at Rawalpindi in 1948 and continuing to live at Rawalpindi -Subsequently applying for being registered as citizen of United Kingdom on passing of British Nationality Act, 1948 -Held: husband had Pakistan domicile Domicile-Essentials

"Physical fact of residence" and "present" intention o f making place of residence one's "permanent home"- "Domicile" net to be confused with "naturalisation" or "nationality"-Domicile of origin-Change of domicile cannot be effected by mere change of intention-Being "domiciled in a country" does not require that domicile must be fixed at "particular" place in that country-Choice of domicile at coming into existence of Dominions of Pakistan and India-Option to serve Pakistan may include option to "change one's (existing) allegiance, political rights and even nationality"-Animus manendi in country of service-That option was "for .service only" must be proved by person asserting same Divorce Act (IV of 1869), S. 10-[Mrs. Marie Antoniette Palmer v. Mr. Oswals Robert Joseph Palmer P L D 1958 Lah. 699 & Dicey's Conflict of Laws, 6th Edition, p. 89 ref.]

Principles for determination of domicile.

S. 10-Domicile Actual residence and intention of permanent or indefinite residence Requisites for acquisition of domicile.