domicile
Domicile combines residence in a country with the intention to remain there permanently or indefinitely (animus manendi). Every person has a domicile of origin at birth (normally the father's, for a legitimate child), may acquire a domicile of choice by residence and intention, and a dependent person (such as a minor) has a domicile of dependency. A domicile of origin revives when a domicile of choice is abandoned.
In private international law, domicile governs capacity to marry, divorce jurisdiction and succession to movables. In India the Indian Succession Act, 1925 (Part II) states the rules for succession. Article 5 of the Constitution used domicile in the territory of India for citizenship at its commencement. India has one domicile for the whole country; “domicile” in State admission rules means residence.
Example
Though he worked in Dubai for twenty years, he kept his Indian domicile of origin because he always intended to return to Mysuru.
In Indian law
- Article 5, Constitution of India
- Part II, Indian Succession Act, 1925: domicile
See also
Read more in the study notes
- The Indian Succession Act and domicile (Family Law II - Mohammedan Law)
- Foreign judgments (sections 13 and 14) (Civil Procedure Code and Limitation Act)
- Memorandum of association and the doctrine of ultra vires (Company Law)
- Citizenship: acquisition, termination and allied laws (Constitutional Law I)
- Application of Hindu law: who is a Hindu (Family Law I - Hindu Law)
- The Indian Divorce Act, 1869: dissolution, nullity and judicial separation (Family Law II - Mohammedan Law)