Abstract
Marriage, a civil union between two persons, involves some legal procedures which determine the rights and liabilities of parties in such civil union. Conflict of marriage laws is the conflict of laws governing status and capacity to marry defined by personal laws of parties to the marriage. Rules of Conflict of Laws are set of procedural rules which determine A) which legal system will be applicable to a given dispute, & B) which Court will have jurisdiction to try the suit.In the words of Dicey and Morris, rules of Private International Law do not directly determine the rights and liabilities of persons, rather it determines the jurisdiction of Court and the choice of body of law i.e. whether by the domestic law or by any foreign law, the case will be decided. This paper, by adopting doctrinal approach, seeks to find the criteria for Indian court to exercise jurisdiction in cross border matrimonial suit. Further, it endeavors to find out the difference between term ‘domicile’ and ‘residence’.
Highlights
The 219th Report of the Law Commission of India has pointed out the problem that many Indians with different personal laws have already migrated or are still migrating to other countries either to make permanent abode there or for temporary residence
There is a huge immigration from other countries to India as communication and transportation has made it easier to go from one place to another place
It is usual to come across cases where one national marries the national of other country or two nationals from one country contract marriage abroad
Summary
All manuscripts should be original and should not be simultaneously considered by any other publication. Coauthorship to a maximum of three authors is permitted except in special cases. The Journal accepts manuscripts for publication on a rolling basis throughout the year and the last date for submission for the Issue is May 31st 2018. Submissions made thereafter shall be considered for publication in the issue
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