Report No. 65

IX. Conclusion

3.41. Aspects to be considered.-

In the light of the above discussion, we may now consider the question which we have formulated at the beginning of this Chapter.1 We should point but that in answering that question, several aspects should be considered:

(a) Juristically, it may be stated that the general rule is that ordinarily a court applies its own law2. So, if the foreign court has followed its own law, it has followed the ordinary practice. If we are to require it to depart from the practice, some weighty reasons would appear to be needed.

(b) Sociologically, the parties habitually resident or domiciled in a court applies its on law3. So, if the foreign court has followed its the community where they have taken up their abode, as reflected in the law of divorce of the country concerned. If so, it would be inappropriate to require that the courts of that country should apply the substantive law of some other country as to the grounds of matrimonial relief.

(c) From the practical aspect, a court usually finds it easier to ascertain and apply the law of the forum. We are therefore of the view that the present position needs no change.

1. See para. 3.2, supra.

2. Cf. Robinson's case, (1760) 97 English Reports 717 (para. 3.33, supra).

3. Cf. Robinson's case, (1760) 97 English Reports 717 (para. 3.33, supra).