Law:

Section:

(a) Pleading-Inconsistent------- ----(Divorce case)-Husband pleading U. K. domicile before District Judge, and adhering to same before High Court but pleading Indian domicile before Letters Patent Bench -Disapproved by Supreme Court-Civil Procedure code (V of 1908), O. VI, r. 17. (b) Domicile -(Divorce case)------- ----Husband, perm-meet employee of North-Western Railway since 1922-Posted at Rawalpindi in 1930-Opted for Pakistan-Married at Rawalpindi in 1948 and continuing to live at Rawalpindi -Subsequently applying for being registered as citizen of United Kingdom on passing of British Nationality Act, 1948 -Held: husband had Pakistan domicile­ Domicile-Essentials --"Physical fact of residence" and "present" intention o f making place of residence one's "permanent home"- "Domicile" net to be confused with "naturalisation" or "nation­ality"-Domicile of origin-Change of domicile cannot be effected by mere change of intention-Being "domiciled in a country" does not require that domicile must be fixed at "particular" place in that country-Choice of domicile at coming into existence of Dominions of Pakistan and India-Option to serve Pakistan may include option to "change one's (existing) allegiance, political rights and even nationality"-Animus manendi in country of service-That option was "for .service only" must be proved by person asserting same­ Divorce Act (IV of 1869), S. 10-[Mrs. Marie Antoniette Palmer v. Mr. Oswals Robert Joseph Palmer P L D 1958 Lah. 699 & Dicey's Conflict of Laws, 6th Edition, p. 89 ref.] JUDGMENT HAMOODUR RAHMAN, J.-This is a certificated appeal from the decision of the High Court of West Pakistan in a Letters Patent Appeal. The said appeal arose out of proceedings under section 10 of the Divorce Act for the dissolution of a Christian marriage which were initiated in the Court of the District Judge, Rawalpindi, by the appellant before us. The petition was opposed by the respondent upon, inter alia, the ground that the Court had no jurisdiction to dissolve the marriage, as the parties were neither citizens of, nor domiciled in, Pakistan. The said question was tried as a preliminary issue. The District Judge came to the conclusion…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492