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Report No. 65

13.2. Divorce granted in country of domicile.-

Divorce granted in the country of domicile is recognised in India, since we follow the common law rules. The question whether this rule should be codified, is a question of detail. But the principle is as stated above. It may also be stated that Indian Courts have themselves been exercising their jurisdiction in matrimonial causes on the principle of domicile. Moreover, some of our statutory provisions are also based on the assumption that the country of domicile has this jurisdiction. Accordingly, it is proper that we need not disturb the present position.



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