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Report No. 65

11.5. Domicile test traced to American law.-

The test of domicile as a basis for jurisdiction was thus adopted in 1895, in Le Mesurier, and it has been stated1 that this was done mainly in reliance on American law. It has been pointed out2 that in Le Mesurier v. Le Mesurier, 1895 AC 517 (PC) the Privy Council in holding that jurisdiction to dissolve a marriage was confined fined to the courts of domicile, relied on Shaw v. Gould, 1868 LR 3 HL 55 (85) which, in turn, relied on Story's Commentaries. The test of domicile as the exclusive basis for jurisdiction to dissolve a marriage was firmly established under the doctrine of Le Mesurier, For this purpose, the wife's domicile is the same as that of the husband. She could not, in general, have a separate domicile.

1. Ebrenzweigh Conflict of Laws, (1962), p. 235.

2. Ebrenzweigh Conflict of Laws, (1962), p. 235.



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