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Report No. 23

14. jurisdiction-

The conditions on which a court in India can exercise jurisdiction in proceedings for dissolution of marriage, for nullity or for any other matrimonial relief have been already discussed exhaustively in our Report art the law relating to marriage and divorce amongst Christians in India,1 and we recommend the inclusion2 of substantially similar conditions for determining jurisdiction.3

1. See 15th Report, paras. 69-73.

2. See App I, clause 18(2).

3. The view taken in that report that our Courts should have juridiction not only on the ground of domicile, but in certain cases on the ground of residence receives support from the observations of Lord Reid in a case recently decided by the House of Lords, Ross v. Ross, (1962) 2 WLR 390:

"It is not for me to consider whether Parliament was right, but I may be permitted to say that I see much to commend these extensions of jurisdiction in spite of the fact that they can create limping marriages'-marriages held invalid or dissolved in England, though held valid by the law of the parties' domicile.".

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