https://www.taxtmi.com/caselaws?id=295604 The Hindu Marriage Act, 1955 applies outside India only where a sufficient nexus with India exists and the party concerned is domiciled in India. Domicile of origin continues until a domicile of choice is clearly established, and the burden lies on the person asserting change to prove residence abroad with an intention to reside there indefinitely. On the facts, the husband failed to show abandonment of Indian domicile or acquisition of an Australian domicile of choice. Both parties were therefore domiciled in India, the Act applied to them, and the petition for judicial separation and custody was maintainable in India. en-us Mon, 15 Jul 2013 00:00:00 +0530 Thu, 10 Jun 2021 17:52:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295604 The Hindu Marriage Act, 1955 applies outside India only where a sufficient nexus with India exists and the party concerned is domiciled in India. Domicile of origin continues until a domicile of choice is clearly established, and the burden lies on the person asserting change to prove residence abroad with an intention to reside there indefinitely. On the facts, the husband failed to show abandonment of Indian domicile or acquisition of an Australian domicile of choice. Both parties were therefore domiciled in India, the Act applied to them, and the petition for judicial separation and custody was maintainable in India. Case-Laws Indian Laws Mon, 15 Jul 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295604