AIR 1966 SUPREME COURT 160 ::1965 BLJR 755 ::1965 3 SCR 793 ::1966 2 SCJ 579 ::ILR 45 pat 878

Supreme Court Of India

(From Patna: AIR 1964 Pat 417)

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo, M. Hidayatullah, V. Ramaswami , JJJ

Constitution of India , Art.5— Domicile - Determination of - Change of domicile - What must be proved - Burden of proof is on him who asserts that domicile of origin has been lost International law.(Private). Evidence Act (1 of 1872) , S.101, S.102, S.103, S.104— The law attributes to every person at birth a domicile which is called a domicil of origin. This domicil may be changed, and a new domicil, called a domicil of choice, acquired; the two kinds of domicil, however, differ in one respect. The former kind of domicil is received by operation of law at birth, while the latter kind of domicil is acquired later by the actual removal of the individual to another country accompanied by his animus manendi. The domicil of origin of an individual is determined by the domicil, at the time of his birth, of the person upon whom he is legally dependent. A legitimate child who is born in a wedlock to a living father receives the domicil of the father at the time of the birth; a posthumous legitimate child receives that of the mother at that time. As regards change of domicil, any individual who is not under disability may at any time change his existing domicil and acquire for himself a domicil of choice by the fact of residing in a country other than that of his demicil or origin with the intention of continuing to reside there indefinitely. For this ....