JAMES K AVARAN Vs. JANCY RITAMMA GEORGE

JUDGEMENT

(1.) What constitutes domicile under Section 2 of the Indian Divorce Act Who is to plead and prove that domicile of birth/origin has been abandoned and a fresh domicile of choice has been acquired by the spouses Does long residence in an alien country where one is employed with prospects of continued residence for a further long period in connection with such employment lead to a ready inference of change of domicile Should both spouses (and not either) be domiciled in India for the Family court to assume jurisdiction in a Divorce application Is the expression of intention of one spouse in the course of proceeding to acquire domicile by choice in an alien country sufficient to divest Indian courts of their jurisdiction in matrimonial proceedings for divorce under Section 2 of the Indian Divorce Act These interesting questions are thrown up for consideration in this appeal.

(2.) This appeal under Section 19 of the Family Courts Act is directed against an order passed under Section 10 of the Indian Divorce Act dissolving the marriage between the appellant/ husband and the respondent/wife on the ground of cruelty.

(3.) Marriage is admitted. Separate residence is also admitted. Allegations of mental and physical cruelty are raised by the wife. It is alleged that the husband has been tormenting the wife perpetually raising allegations of unchaste and adulterous conduct. It is further alleged that physical cruelty was also inflicted on the wife by the husband while they were residing together raising such allegations.