Does marriage mean a woman ‘disowns’ her parental home? SC to examine

SC to examine if woman can be sacked for keeping parental home address on ID docs. Dhanmati Naik, a Scheduled Tribe member, was dismissed from service as an anganwadi worker for this. She has 15 years of service and stays with her ailing parents. Petitioner asks if woman must disown parental home after marriage. Madras HC said people may choose to still “consider” native place as permanent residence. SC to decide if woman can exercise her option to retain or waive native address.

The Supreme Court on Monday is set to examine whether a woman can be sacked for choosing to keep her parental home address as her place of residence on her personal identity documents and not her marital home address.

A three-judge Bench headed by Justice B.R. Gavai is scheduled to hear Dhanmati Naik, who was dismissed from service as an anganwadi worker on the grounds that her identity card showed her parental home and not her marital home as her place of residence.

Ms. Naik, who is a member of a Scheduled Tribe community, has put in 15 years of service at the anganwadi centre in her native village of Dudukidadar in Odisha’s Bargarh district. She and her husband stay with her ailing parents at their home in the village. Her husband travels daily for his work. Ms. Naik said that there was no reason to change her place of residence under the circumstances.

The petitioner, represented by advocate Tomy Chacko, asked the top court whether there is a presumption that a woman should disown her residential rights to her parental home once she is married. Ms. Naik said that her termination from a job she both enjoys and deserves is a violation of her fundamental right to work and her right to lead a dignified life.

“The pertinent question is whether a married woman can be presumed to have disowned her residential rights at her parents’ home for the purpose of selection and appointment to the post of anganwadi workers despite having a valid election identity card, the Tahsildar’s residence certificate in Dudukidadar village and having resided there from birth and after marriage along with her husband to take care of her parents since there are no male heirs in the family,” the petition said.

The plea referred to a Madras High Court decision in October 2023 which said that people may leave their parental home for work or education but may choose to still “consider” their native place as their permanent residence.

“There is a notion that a married woman abandons her native place and assumes her husband’s place as her only place of residence. If a married woman chooses to live between her natal home and marital home on account of her employment, business or otherwise, nothing can prevent her from exercising her option. To retain or waive the native address is at the will [of] only a married woman or her family members in certain circumstances,” the petition says, quoting the High Court order in the case of G. Mayakannan vs Cuddalore District Collector.