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Report No. 65

11.9. Act of 1973.-

In 1973 the Domicile and Matrimonial Proceedings Act1 was passed in England, and the Act made substantial modifications in the above position. We need not recite all its provisions. For our purposes, it is enough to state that it made two important amendments relevant to jurisdiction-(i) The wife can now acquire separate domicile; (ii) English courts can exercise divorce jurisdiction on the ground of "habitual residence" also, besides the general ground of domicile. Section 5(2) of the Act of 1973 is important, and reads-

The court shall have jurisdiction to entertain proceedings for divorce or judicial separation if (and only if) either of the parties to the marriage-

(a) is domiciled in England and Wales on the date when the proceedings are begun; or

(b) was habitually resident in England and Wales throughout the period, of one year ending with that date."

1. The Domicile and Matrimonial Proceedings Act, 1973.

Recognition of Foreign Divorces Back

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