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Report No. 65

11.3. The doctrine of Le Mesurier.-

After some vacilation, however, the doctrine of domicile was firmly established. In 1895, the Judicial Committee of the Privy Council, in Le Mesurier v. Le Mesurier, 1895 AC 517 (PC) on appeal from Ceylon reviewed the English and Scottish cases, and came to the conclusion that according to international law, the domicile for the time being of the married pair afforded the only true test of jurisdiction to dissolve their marriage. Ever since Le Mesurier v. Le Mesurier, (1895-99) All ER 836: 1895 AC 517. English Courts have construed the general words in a statute conferring jurisdiction to dissolve valid marriages, as limited to marriages the parties to which are domiciled in England.1-2-3

1. A.G. for Alberta v. Cock, (1926) All ER 525: 1926 AC 444.

2. H. v. H., 1928 Probate 206.

3. Herd v. Herd, (1936) 2 All ER 1516: 1936 Probate 205.

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