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SOURCE: GREATER KASHMIR

The Jammu and Kashmir government on Monday sought the adjournment of the hearing into the case of Article 35-A listed between February 12 and 14.The application for adjournment of hearing was submitted by Standing Counsel for the state of Jammu and Kashmir M Shoeb Alam before Registrar General of Supreme of India.

In the letter, Advocate on record Alam submitted that the state “will be seeking adjournment in the matters on account that since there is presently no elected government in the state of Jammu and Kashmir and the State is under President’s Rule.“The present matter involves a sensitive issue regarding a challenge to Article 35A of the Constitution of India. A short reply has been filed by the State of Jammu and Kashmir in the lead matter (We The Citizens) and notices have not been issued in the other petitions. It will therefore be requested that the matter may kindly be heard when an elected government is in place,” the letter read.

“The letter may kindly be circulated to the Hon’ble judges so as to avoid inconvenience to them, “it said.

Article 35-A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of J&K and denies property rights to a woman who marries a person from outside the state.

The provision, which leads such women from the state to forfeit their right over property, also applies to their heirs.

Several interlocutory petitions have also been filed in support and against of Article 35-A by various individuals and civil society groups.