Residence - Definition - Law Dictionary Home Dictionary Definition residence

Definition :

Residence, is a concept that may also be transitory. Even when qualified by the word 'ordinarily' the word 'resident' would not result in construction having the effect of a particular place for dwelling always or on permanent uninterrupted basis. Thus understood, even the requirement of a person being 'ordinarily resident' at a particular place is incapable of ensuring nexus between him and the place in question, Kuldip Nayar v. Union of India, AIR 2006 SC 3127.

Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional usual visits within the local limits of the court, more specially where there is residence outside those limits marked with a considerable measure of continuance, Paster J.S. Singh v. Jyotsana Singh, AIR 1982 MP 122 [See Divorce Act, 1869, s. 3(3)]

Residence, is generally understood as referring to a person in connection with the place where he lives, and may be defined as one who resides in a place or one who dwells in a place for a considerable period of time as distinguished from one who merely works in a certain locality or comes casually for a visit and the place of work or the place of casual visit are different from the place of 'residence'. There are two classifications of the meaning of the word 'residence'. First is in the form of permanent and temporary residence and the second classification is based on de facto and de jure residence. De facto residence is also to be understood as the place where one regularly resides as different to the places where he is connected to by mere ancestral connections or political connections or connection by marriage, Bhagwan Dass v. Kamal Abrol, AIR 2005 SC 2583.

Residence, may be defined as one who resides in place or one who dwells in place for considerable period of time. One who merely works in certain locality or place of casual visit are different from place of 'residence', Bhagwan Dass v. Kamal Abrol, AIR 2005 SC 2583.

Abode; also the continuance of a parson or vicar on his benefice. It is upon the supposition of residence that the law styles every parochial minister an incumbent.

By the (English) Pluralities Act, 1838 (1 & 2 Vict. c. 106), repealing former Acts, every spiritual person (with exceptions for heads of houses in the universities and others) holding a benefice, which comprises all parochial churches, perpetual curacies, chapels, and church or chapel districts, if with cure of souls, shall reside on his benefice, in the house of residence; and if he absent himself (without licence from the bishop, grantable by s. 43 for incapacity of mind or body, or illness of wife or child for six months) for more than three months in any year, he shall forfeit, unless resident at some other of his benefices, a certain portion of the value of his benefice. It is further provided that annual returns of residents and non-residents must be made to the Sovereign in Council; and that in case of non-residence, the bishop, instead of enforcing the penalties, may issue a monition, to be followed up by an order to reside; and in case of non-compliance, may sequester the profits of the benefice, and apply them to the purposes in the Act specified.

Under the Pluralities Acts (Amendment Act, 1885), the inadequate performance of ecclesiastical duties may be inquired into by the Commissioners; and (s. 12) a non-resident incumbent may not return, without the bishop's permission, until the expiration of his licence, nor, if he be non-resident for more than twelve months, interfere with the discharge of the duties of the benefice as entrusted to the curate.

Ordinary meaning.--The word 'resides' denotes 'the place where an individual eats, drinks, and sleeps, or where his family or his servants eat, drink, and sleep' [per Bayley, J., in R. v. Inhabitants of North Curry, (1825) 4 B&C 959], and for the meaning, extent or interpretation of the word under statutes, see the particular statute, e.g., franchise, burial company law, jurisdiction of courts, divorce, income tax, juries, poor law, local government, etc. see DOMICIL.

Residence does not mean a temporary residence for the purpose of obtaining a divorce but habitual residence or residence which is intended to be permanent for future as well, Narasimha Rao v. Venkata Lakshmi, (1991) 3 SCC 451 (458).

Means bodily presence as an inhabitant in a given place, Black's Law Dictionary, 8th Edn.

Residence, see Bhagwan Dass v. Kamal Abrol, AIR 2005 SC 2583.

Residence, abode, or continuance.

The act or fact of living in a given place for sometime, Black's Law Dictionary, 7th Edn., p. 1310.

Residence must prima facie have an element of continuity or regularity in residence and would not mean an intermittent stay such as during the vacations, D.N. Chanchala v. State of Mysore, AIR 1971 SC 1762: (1971) 2 SCC 293: (1971) Supp SCR 608. [Karnataka Medical Colleges (Election for Admission) Rules, 1970, R. 3]

In its ordinary sense 'residence' is more or less of a permanent character. The expression 'resides' means to make an abode for a considerable time; to dwell permanently or for a length of item; to have a settled abode for a time. It is the place where a person has fixed home or abode. In Webster's Dictionary, 'to reside' has been defined as meaning 'to dwell permanently or for any length of time', and words like 'dwelling place' or 'abode' are held to to be synonymous. Where there is such fixed how or such abode at one place the person cannot be said to reside at any other place where he had gone on a causal or temporary visit, e.g. for health or business or for a change. If a person lives with his wife and children, in an established home, his legal and actual place of residence is the same. If a person has no established home and is compelled to live in hotels, boarding houses are houses of others, his actual and physical habitation is the place where he actually personally resides. The word 'resides' must mean the actual place of residence and not a legal or constructive residence; it certainly does not connote the place of origin. The word 'reside' is a flexible one and has many shades of meaning, but it must take its colour and content from the context in which it appears and cannot be read in isolation, Jeewanti Pandey v. Krishan Chandra Pandey, (1981) 4 SCC 517: (1981) 1 SCR 1003.