ADVOCATE RAMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Anand Parchure, learned counsel for the petitioners; Mr D.B. Yengal, learned APP for respondent No. 1 and Mr. N.S.Bhattad for respondent No.2.

(2.) RULE, returnable forthwith. With the consent of respective learned counsel, the matter is taken up for final disposal

(3.) IN support of the petition, it is submitted on behalf of the petitioners that there is distinction between temporary residence and casual visit. The expression "reside" implied something more than "stay" and implied some intention to remain at a place and not merely to pay it a casual visit. The question of residence is required to be decided as to whether the party claiming residence, permanent or temporary, has an intention to stay at a particular place then alone it could be said that the party is residing at that particular place, either permanently or even temporarily. The question as to whether aggrieved person has made a particular place an abode, permanent or temporary, is a question to be decided with reference to facts of each case. It is apprehended that if liberal construction is placed upon the provisions made under section 27 of the Act to allow even casual visit of the place to claim that the place is his or her temporary residence within the meaning of Section 27 of the Act 2005, then it may lead to abuse of the legal process as the aggrieved person may choose to harass the other party by choosing any place where he or she may be a casual visitor. Reference is made to the ruling in Mst. Jagirkaur and another vs. Jaswant Singh : AIR 1963 SC 1541. The Apex Court was dealing with the question relating to the term "resides" in respect of petition by a wife against her husband for maintenance. Considering the dictionary meaning of the word "resident" the Apex Court has observed that the word means both a permanent dwelling as well as temporary living in a place. It is capable of different meanings including domicile in the strictest and the most technical sense and a temporary residence. Whichever meaning is given to it one thing is obvious that it does not include casual stay or a flying visit to a particular place. IN short, the meaning of the the word would, in the ultimate analysis, depend upon the context and the purpose of a particular statute. The expression "reside" implies something more than a casual stay and implies some concrete intention to remain at a particular place but not merely to pay a casual or flying visit. IN other words, it is always something more than a casual visit or casual stay at a particular place to assign status to the person as "temporary resident" of a particular place is contemplated under the law.