Report No. 65
7. Recognition of the ground of domicile.-
(1) Divorces or legal separations obtained in a country other than the country of the spouses domicile, and recognised as valid in the country of their domicile, shall be recognised in India.
(2) In any circumstances in which the validity of a divorce or legal separation obtained in a country outside India would be recognised by virtue of sub-section (1) if either-
(a) the spouses had at the material time both been domiciled in that country; or
(b) the divorce or separation were recognised as valid under the law of the spouses' domicile, its validity shall also be recognised if sub-section (3) is satisfied in relation to it.
(3) This sub-section is satisfied in relation to a divorce or legal separation obtained in a country outside India if either-
(a) one of the spouses was at the material time domiciled in that country and the divorce or separation was recognised as valid under the law of the domicile of the other spouse; or
(b) neither of the spouses having been domiciled in that country at the material time, the divorce or separation was recognised as valid under the law of the domicile of each of the spouses respectively.
(4) For any purpose of sub-section (2) of sub-section (3), "the material time", in relation to a divorce or legal separation, means the time of the institution of proceedings in the country in which it was obtained.
(5) Sections 4 to 6 shall be without prejudice to the recognition of the validity of divorces and legal separations obtained outside India by virtue of sub-sections (1) to (3), or of any enactment other than this Act; but, subject to this section no divorce or legal separation so obtained shall be recognised as valid in India except as provided by these sections.