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Report No. 65 7.7. Decree recognisables by court of domicile.- The test of domicile was elaborated and subjected to certain refinements in course of time. One refinement may be noted in this connection. If the husband is domiciled in State X, and obtains a divorce in the courts of State Y, English courts will recognise1 the validity of this decree, if it would be recognised by the courts of X. Secondly, it was held2 that it is irrelevant for this test whether the particular ground upon which the divorce is granted, by the foreign court would or would not be recognised by English municipal law. It was also laid down that the decree will be recognised by the English court if the foreign court of competent jurisdiction applies local or any other law to grant the decree, even though that law differs from English law as to the ground of divorce. This rule is, however, subject to the doctrine of public policy. 1. Armitage v. A.G., 1906 Probate 135, approved by Lord Reid, Lord Pearce and Lord Wilberforce in Indyka v. Indyka, (1967) 2 All ER 689: (1969) 1 AC 33 (HL). 2. Bater v. Bater, 1906 Probate 209.    |
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