| Contents |
| Chapter I |
Introduction |
| I. |
Scope of the Report |
| II. |
Legislative Device to be Adopted |
| III. |
General Approach |
| IV. |
Nature of Rules as to Conflict of Laws |
| V. |
Problem of Recognition of Foreign Judgments |
| VI. |
Some Aspects of Recognition |
| VII. |
Nature of Proceedings and Theories of Recognition |
| VIII. |
History |
| IX. |
Connected Matters |
| Chapter 2 |
Heads of Recognition Domicile-Nationality-Residence |
| I. |
Introductory |
| II. |
Domicile-The General Concept |
| III. |
Domicile and Matrimonial Jurisdiction |
| IV. |
Nationality |
| V. |
Nationality-History |
| VI. |
Residence |
| VII. |
Ordinary Residence |
| VIII. |
Habitual Residence |
| Chapter 3 |
Law Applied by Courts |
| I. |
Introductory |
| II. |
Choice of Law-General Aspects |
| III. |
Indian Law |
| VI. |
English Law |
| V. |
Position in U.S.A. |
| VI. |
Other Systems |
| VII. |
Hague Convention |
| VIII. |
Rationale |
| IX. |
Conclusion |
| Chapter 4 |
Indian Law as to Recognition of Foreign Judgments |
| I. |
Introductory |
| II. |
Section 13, Code of Civil Procedure, 1908 |
| III. |
Evidence Act |
| IV. |
Matrimonial Legislation |
| V. |
Rules Applied by Courts |
| Chapter 5 |
Indian Law as to Jurisdiction under Enactments other than' the Indian Divorce Act |
| I. |
Introductory |
| II. |
Parsi Marriage Act |
| III. |
Special Marriage Act |
| IV. |
Hindu Marriage Act |
| Chapter 6 |
Jurisdiction under Indian Divorce Act, 1869 |
| I. |
Introductory |
| II. |
Position Before 1926 |
| III. |
Position After 1926 |
| IV. |
Meaning of 'Domicile' Under The Divorce Act |
| Chapter 7 |
English Common Law as to Recognition |
|
Scope of the Chapter |
|
Chronological developments-Domicile |
|
Lolley's case and subsequent decisions upto Shaw v. Gould |
|
Niboyet v. Niboyet (test of actual residence) |
|
Le Mesurier v. Le Mesurier |
|
Factors not affecting validity of decree |
|
Decree recognisables by court of domicile |
|
Ground of jurisdiction immaterial |
|
Result summary |
|
Real and substantial connection |
|
Restrictions on recognition |
| Chapter 8 |
Extra-Judicial Divorces |
| I. |
Introductory |
| II. |
Classes of Extra-Judicial Divorces |
| III. |
English Law Before 1971 |
| IV. |
Act of 1971 |
| V. |
1973 Act |
| VI. |
Uncertainty Under 1971 Act |
| VII. |
Recommendation |
| Chapter 9 |
The Hague Convention |
|
Introductory |
|
Obligation to recognize-habitual residence and nationality |
|
Domicile |
|
Merits |
| Chapter 10 |
English Act of 1971 as to Recognition |
| I. |
Introductory |
| II. |
Main Provisions |
| III. |
Existing Grounds-Domicile |
| IV. |
Miscellaneous |
| Chapter 11 |
English Law as to Jurisdiction and the Act of 1973 |
|
Scope of the Chapter |
|
The era before Le Mesurier |
|
The doctrine of Le Mesurier |
|
The case of Niboyet |
|
Domicile test traced to American law |
|
Developments after Le Mesurier-Act of 1937-Deserted wives |
|
Act of 1944-War marriages |
|
Position before 1973-summed up |
|
Act of 1973 |
|
Old grounds abolished |
| Chapter 12 |
Reciprocity |
| I. |
Introductory |
| II. |
Reciprocity-first Meaning |
| III. |
Reciprocity-Second Meaning |
| Chapter 13 |
Recommendations as to Existing Grounds for Recognition |
|
Introductory |
|
Divorce granted in country of domicile |
|
Recognition as valid in the country in the country of domicile |
|
Recognition by virtue of any other enactmen |
|
Non-recognition by a third country not a bar to divorce |
| Chapter 14 |
Recommendations as to New Grounds of Recognition |
| I. |
Introductory |
| II. |
Domicile-defects |
| III. |
Habitual Residence |
| IV. |
Nationality |
| V. |
Whether both Parties Should Satisfy the Test |
| VI. |
Recommendation |
| Chapter 15 |
Domicile and Nationality of the wife |
| I. |
Domicile |
| II. |
Nationality-general Discussions |
| III. |
Nationality-English Law |
| IV. |
Nationality-Indian Law |
| V. |
Recommendation |
| Chapter 16 |
Exceptions to Recognition-Notice and Opportunity |
|
Introductory |
|
Grounds of attack on judgment |
|
Cases where exception needed |
|
No subsisting marriage |
|
Certain special situations illustrating the absence of a valid marriage after divorce valid under proposed Act |
|
Breach of natural justice |
| Chapter 17 |
Public Policy |
| I. |
Introductory |
| II. |
American Cases on Public Policy in Conflict of Laws |
| III. |
Conflict of Laws-Public Policy on the Continent |
| IV. |
French Law |
| V. |
Common Law |
| VI. |
Statutory Provision in England |
| VII. |
Conclusion |
| Chapter 18 |
Fraud |
| I. |
Introductory |
| II. |
Indian Law |
| III. |
English Law |
| IV. |
Fraud, Public Policy and Natural Justice |
| V. |
Conclusion |
| Chapter 19 |
Ancillary Orders |
| I. |
Introductory |
| II. |
Provision in English Act as to Non-Recognition of Ancillary Order |
| III. |
American Decisions |
| IV. |
Divisible Divorce |
| V. |
Need for Provision for Ancillary Orders |
| VI. |
Provisions in Various Acts as to Maintenance and Custody |
| VII. |
English Case of Torok |
| VIII. |
Recommendations |
| Chapter 20 |
Orders for Custody Variation by the Matrimonial Court |
| I. |
Introductory |
| II. |
Present Law |
| III. |
Variety of Disputes |
| IV. |
Powers of The Matrimonial Court |
| V. |
Conclusion |
| Chapter 21 |
Modification of Section 13, Code of Civil Procedure and Section 41, Evidence Act |
| Chapter 22 |
Recommendations |
| Appendix I |
The Recognition of Divorces and Legal Separation Bill, 1976 |
| 1. |
Short title, extent and commencement |
| 2. |
Definition |
| 3. |
Recognition of foreign divorces and legal separations |
| 4. |
Grounds of recognition |
| 5,6. |
Cross-proceedings and separation converted into divorce |
| 7. |
Recognition of the ground of domicile |
| 8. |
Re-marriage |
| 9,10. |
No subsisting marriage |
| 11. |
Modification of application of certain provisions in relation to certain decrees |
| 12. |
Ancillary orders |
| 13. |
Domicile and nationality of wife |
| Appendix 2 |
Letter from the Minister of Law, Justice and Company Affairs |
