Report No. 15

35. Jurisdiction of Indian Courts.-

Nothing contained in this Act shall authorise any court-

(a) to make any decree of dissolution of marriage, except where-

(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or

(ii) the petitioner, being the wife, was domiciled in India immediately before the marriage and has been residing in India for a period of not less than three years immediately preceding the presentation of the petition;

[Section 2, 3rd para, Divorce Act.]

(b) to make any decree of nullity of marriage, except where-

(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or

(ii) the marriage was solemnised under this Act or under any enactment repealed hereby, and the petitioner is either domiciled or residing in India at the time of the presentation of the petition;

[Sections 2, 4th para, Divorce Act.]

(c) to grant any other relief under Chapters IV to VII, except where the petitioner is residing in India at the time of the presentation of the petition.

[Section 2, 5th para, Divorce Act.]