The Foreigners Act, 1946
8. Determination of
nationality. -
(1) When a foreigner is recognized as a
national by the law of more than one foreign country or where for any reason it
is uncertain what nationality, if any, is to be ascribed to a foreigner, that
foreigner may be treated as the national of the country with which he appears
to the prescribed authority to be most closely connected for the time being in
interest or sympathy or if he is of uncertain nationally, of the country with
which he was last so connected:
Provided that where a foreigner acquired a
nationality by birth, he shall, except where the Central Government so directs
either generally or in a particular case, be deemed to retain that nationality
unless he proves to the satisfaction of the said authority that he has
subsequently acquired by naturalization or otherwise some other nationality and
still recognized as entitled to protection by the Government of the country
whose nationality he has so acquired.
(2) A decision as to nationality given under
sub-section (1) shall be final and shall not be called in question in any
Court:
Provided that the Central Government, either of
its own motion or on an application by the foreigner concerned, may revise any
such decision.
Comment
A married woman acquires the domicile of her
husband on marriage and capable of acquiring a new domicile by re-marriage
after divorce. (State of Bihar v. Amar Singh,
AIR 1955 S.C. 282).