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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1955SC334; 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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Mumbai
..... the alternative doctrine of intended matrimonial home, there is basic presumption that the capacity is governed by the husband's domicile at the time of marriage generally country of which the parties intended to establish permanent home. thus, this doctrine of intended matrimonial home essentially relates back to capacity of ..... related to capacity to marry and in this respect while assessing capacity to marry it was observed that capacity to marry is governed by what is conveniently called dual domicile doctrine i.e. marriage would be invalid unless both contracting parties at the time of marriage are found that they had capacity to contract that particular marriage. under ..... states of america except to the extent that the parties were married in india and were governed by the hindu marriage act. in that case the husband though not domiciled in india technically satisfied the resident requirement of 90 days for invoking jurisdiction of the foreign court. the respondent wife contested the petition without submitting to the jurisdiction of ..... manner done in the present case or whether it should have framed a formal issue and thereafter proceeded to hear the application exhibit-23. secondly, whether the concept of intended domicile would prevent the respondent from initiating the proceedings in india. thirdly, whether the marriage between the parties was solemnized according to hindu rites. in other words, whether it .....Tag this Judgment!