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Apr 11 2005 (HC)

Sondur Rajini Vs. Sondur Gopal

Court : Mumbai

Reported in : 2005(4)MhLj688

..... rescuing the institution of marriage from the uncertain maze of the rules of the private international law of the different countries with regard to jurisdiction and merits based variously on domicile, nationality, residence-permanent or temporary or ad hoc, forum, proper law etc and ensuring certainty in the moat vital field of national life and conformity with public policy'. in ..... to varying combination of circumstances in each case. the law attributes to every person at birth a domicilewhich is called a domicileof origin. this domicilemay be changed, and a new domicile which is called a domicileof choice, acquired; but the two kinds of domicilediffer in one respect. the domicileof origin is received by operation of law at birth; the domicileof choice ..... is fully established that an intention to reside for ever in a country where one has taken up his residence is an essential constituent element for the existence of domicile in that country. domicile has been described in halsbury's laws of england (4th edition, volume 8, paragraph 421) as the legal relationship between individual and a territory with a distinctive ..... this state of mind, is insufficient'.(emphasis supplied)10.5 similarly, the apex court in sankaran govindan's case (supra) has observed that 'the traditional statement that, to establish domicile, there must be a present intention of permanent residence merely means that so far as the mind of the person at the relevant time was concerned, he possessed the requisite .....

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Oct 25 1989 (HC)

Mrs. Anoop Beniwal Vs. Dr. Jagbir Singh Beniwal

Court : Delhi

Reported in : AIR1990Delhi305; I(1990)DMC239; 1989RLR554

..... has to be noted that the court in england entertained the petition for divorce filed by the husband by virtue of section 5(2) of the domicile and matrimonial proceedings act, 1973, which enables one of the parties to a marriage who was habitually resident in england wales throughout the period of ..... in england and wales throughout the period of one year ending with that date.29. as noted above, the husband had originally pleaded that he was domiciled in england, but had later on amended the plea, by saying that he was habitually resident of england, which plea was accepted by the court in ..... that the petitioner cannot reasonably be expected to live with the respondent.28. in england, by virtue of the provisions of section 5(2) of the domicile and matrimonial proceedings act, 1973, it has been enacted that the english courts shall have the jurisdiction to entertain proceedings for divorce or judicial separation if ..... says that in the petition, as originally filed in england by the respondent on 2-71985, the defendant had taken the plea that he was domiciled in england and wales. the plea of the plaintiff in this suit is that the contentions raised in the said petition were false.7. the plaintiff ..... rise to this suit, as asserted in the plaint by the plaintiff are that the parties to the suit are hindus, citizens of india of indian domicile, and are qualified doctors of medicine. it is stated by the plaintiff that the plaintiff knew the defendant in the medical college, rohtak, where both .....

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Jul 01 1876 (PC)

Miller Vs. the Administrator-general of Bengal

Court : Kolkata

Reported in : (1876)ILR1Cal412

..... (as it appears to me) necessary, in order to prevent the operation of this section upon the moveable property of parties not having an indian domicile to add any words to that section. it does not operate upon that property any more than the marriage laws of england operate upon the moveable ..... of marriage. but neither this controversy, nor any controversy of an analogous kind, arises as to moveable property where husband and wife have the same domicile. the difficulty lies in extending the marriage laws of a country beyond the limits of that country. but in the case under consideration, this difficulty does ..... stated by burge in the work already referred to (ch. vii, section 8). it will be there seen that where there is no change of domicile, the conflict of authority is confined almost entirely to the question whether the communio bonorum operates upon property situate in a country where the law does ..... marriage or succession, whether by the act of the parties or by the operation of law, are as to moveable property governed by the law of the domicile where, in contemplation of law, the moveables are situate.5. it would, indeed, be unnecessary to insist upon this, which is an elementary proposition, ..... considering. i need only observe that the rule of law is not that moveables have no situs. they have a situs, but that situs is the domicile of the owner. this is, i believe, the true mode of stating the principle. the authorities in support of this proposition amongst the civilians (as .....

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Dec 05 2001 (HC)

Shiv Indersen Mirchandani of Bombay and anr. Vs. Natasha Harish Advani ...

Court : Mumbai

Reported in : 2002(2)BomCR436; II(2002)DMC89

..... the husband. 13. the contention of shri setalwad is that although defendant no. 8 separated from the deceased and went to reside in sweden, she did not acquire swedish domicile and her domicile continued to be the same as that of the deceased viz. india at the time when the divorce proceeding were taken in swedish court. he therefore, submitted that the ..... be held to be india and not sweden though she was residing there for quite some time. (iii) that the parties are governed by the law of their matrimonial domicile. (iv) that domicile of parties is necessary to confer jurisdiction upon the foreign court. (v) that under section 13 of the civil procedure code, the judgment of the swedish court is not conclusive as ..... rescuing the institution of marriage from the uncertain maze of the rules of the private international law of the different countries with regard to jurisdiction and merits based variously on domicile, nationality, residence-permanent or temporary or ad hoc, forum, proper law etc. and ensuring certainty in the most vital field of national life and conformity with public policy. the ..... has jurisdiction over the proceedings. a decree of divorce is thus treated as a conclusive adjudication of all matters in controversy except the jurisdictional facts on which it is founded. domicile is such a jurisdictional fact. a foreign divorce decree is therefore, subject to collateral attack for lack of jurisdiction even where the decree contains the findings of recital of jurisdictional .....

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Jan 27 1955 (SC)

D.P. Joshi Vs. the State of Madhya Bharat and anr.

Court : Supreme Court of India

Reported in : AIR1955SC334; [1955]1SCR1215

..... follows : 'madhya bharat students are exempted from capitation fees'. 45. the phrase 'madhya bharat students' has no reference either to residence or domicile, and there can be no doubt that it normally connoted students who were born in madhya bharat. 46. in my opinion when the state ..... that is to say, the law which determines his majority or minority, his marriage, succession, testacy, or intestacy, must depend'. 39. thus domicile is that attribute of a person's status which according to international law determines the personal laws by which he is governed and on which his ..... political status may depend on different laws in different countries; whereas the civil status is governed universally by one single principle, namely, that of domicil, which is the criterion established by law for the purpose of determining civil status. for it is on this basis that the personal rights ..... the residence with domiciliary intent'. 21. there is therefore considerable force in the contention of the respondent that when the rule-making authorities referred to domicile in clauses (a) and (b) they were thinking really of residence. in this view also, the contention that the rule is repugnant to article ..... political status may depend on different laws in different countries; whereas the civil status is governed universally by one single principle, namely, that of domicil, which is the criterion established by law for the purpose of determining civil status. for it is on this basis that the personal rights .....

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Jul 03 1916 (PC)

Carolina Dos Santos Vs. Dominic Joseph Pinto

Court : Mumbai

Reported in : AIR1916Bom167; (1916)18BOMLR715; 36Ind.Cas.227

..... seven years. his business was in bombay. and all these circumstances are at least consistent with the alleged contention of his having finally renounced his domicile of origin. but apart from the evidence of declarations, these facts might be insufficient. they certainly are not much stronger in themselves than the ..... would be slow to infer from the mere fact of residence, however protracted that residence may be, the intention requisite to complete the substitution of domicile of choice for that of origin. while the ground of inference, then, is thus seen often to be so insecure, the english courts have ..... kind was that a person leaving his domicile of origin and making his residence in another country for a period entirely indefinite might be shown to have intended, either at the commencement or ..... time of taking up their habitations in calcutta, bruce and cockrell could not put a definite limit upon their sojourn there, this constituted a domicile of choice by residence, accompanied by an intention that that residence should be permanent. what was probably really meant in all cases of this ..... and adheres, to use favourite judicial terms, to the person until he chooses to divest himself of it by substituting a domicile of choice for the domicile of origin. the domicile of choice is acquired by a combination of fact with intention. the fact is residence, and the intention is that the .....

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Jul 24 1963 (HC)

State Vs. Ghoraishi (Qureshi) Sayed Mohomed

Court : Mumbai

Reported in : AIR1964Bom235; (1964)66BOMLR216; 1964CriLJ399; ILR1964Bom278

..... force he had made applications in which he described himself as an iranian national and in 1959 in his iranian passport he even gave his domicile as iranian domicile. the evidence of long residence is. therefore, in this case, to use the words of viscount dunedin, 'a. colourless circumstance'. no facts ..... results.'the substance of the matter is that mere living, residence or the mere fact of residence is no indication of the acquisition of domicile. long residence must be coupled with an absolute and positive present intention to make the country his permanent home. the present intention to make ..... street, untroubled by legal subtleties, would understand that word'. then he gave a warning that 'confusion is sometimes caused by the use of the word 'domicile' and 'residence' as if they were synonymous.' he points out that'a person, indeed, may reside in more countries than one, and there are ..... five years immediately preceding the commencement of the constitution. but this was not enough as it was also necessary to establish that he had his domicile in india at the commencement of the constitution.7. miss jamani, who appeared for the respondent, contended that the respondent must be deemed ..... conditions must be shown to have been satisfied. one condition is that at the commencement of the constitution the person claiming citizenship must have had his domicile in the territory of india. in addition to this condition, either of the three conditions mentioned in clauses (a) (b) and (c) of .....

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Jun 26 1964 (HC)

Parwatawwa Vs. Channawwa

Court : Karnataka

Reported in : AIR1966Kant100; AIR1966Mys100; (1965)1MysLJ577

..... sometimes referred to as the law of the matrimonial home incorporates. if the law of the intended matrimonial home which is sometimes referred to as the law of the matrimonial domicile incorporates a sound principle, pronouncement in lendrum's case, 1929 scottish lt 96 should be equally sound.(73) there is another unexceptional rule which has consistently elicited recognition. that ..... modern recognition of the law of the intended matrimonial home. in defence reneville v. defence reneville, 1948 p. 100, the marriage was celebrated in paris between a domiciled english woman and a domiciled frenchman who was the respondent. they lived together at various places in france and french possessions. after some years, the wife left her husband and returned to england ..... is void for incapacity arises, after, generally long after, its solemnization, so that it will be known whether the pre-marriage intention of the parties will regard to their future domicil has in fact been fulfilled.' (dr. cheshire on private international law page 307, 5th edition). lex loci celebrations cannot be disregarded. (50) this statement of the law is more ..... (b) if it is contracted beyond the limits of this province after the coming into force of the act and either or both the contracting parties to such marriage are domiciled in this province.'(8) what, therefore, induced the finding of the munsiff that the marriage between siddalingiah and the plaintiff though performed with required ceremony was void, was the .....

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Sep 01 1967 (HC)

Dawood Mahomed Pathan Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : AIR1969Guj79

..... the territory of india. now, the terms 'permanent home' or 'fixed habitation' which are generally used to enable one to ascertain the country of domicile, are not equivalent to mere 'residence'. the term 'residence' would imply merely the physical presence of the person at a particular spot in a ..... of the dominion of india. mr. mehta then submitted that when cession of territory takes place all persons residing in that ceded territory acquired domicile in that new state. for this purpose he relied upon paragraph 219 on page 551 on treatise of international law, volume 1 by oppenheim. ..... classes of the population according to their religion, race or caste but nonetheless it was the territorial law of british india that governed each person domiciled in british india, notwithstanding that hindu law would apply to one case and mohammedan law would apply to another. therefore, even though the ..... , kindersley v. c. propounded a definition that for facile comprehension and application it would be difficult to better.' 'that place is properly the domicile of a person in which he has voluntarily fixed the habitation of himself, and his family, not for a more special and temporary purpose, but ..... of the constitution.6. it is necessary therefore to determine first as to what is the essential content of the concept of domicile. the rule about domicile is evolved on account of the universal recognition that questions affecting the personal status of a human being should be governed constantly by .....

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Sep 09 1980 (HC)

Controller of Estate Duty Vs. V. Melnikoff

Court : Mumbai

Reported in : (1981)22CTR(Bom)271; [1982]134ITR583(Bom); [1981]7TAXMAN63(Bom)

..... sufficient importance had not been attached by the tribunal to the fact that in the passport obtained by the said deceased in 1932, as aforesaid, her domicile was mentioned as bombay. it was submitted by him that this entry in the said passport showed that according to the deceased her husband, george, ..... united kingdom of great britain and ireland and had no intention of permanently leaving the united kingdom was conclusive proof of the acquisition of a new domicile of choice. it was pointed out by lord atkin that the words' to the aforesaid effect 'which occurred in the printed form of that application ..... to estate duty under the said act. the third asst. controller of estate duty, bombay, who made the assessment, held that the said deceased was domiciled in india at the time of her death and, hence, the said foreign movables were liable to the charge of the estate duty. the appellate controller ..... are to the effect that the foreign liquor was being generally used or consumed in austria where the said deceased was born and brought up or domiciled. on 9th octobear, 1965, the said deceased died in bombay. the respondent made an enquiry with the police authorities as to whether the said deceased ..... 15, 1910. the first passport obtained by her is dated july 9, 1924, and that passport was issued by the czechoslovakian republic. in this passport the domicile of the said deceased is shown as in vienna. on february 1, 1929, the deceased arrived in india, and in may, 1929, she married george .....

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