AVRIL ELLEN SMITH Vs. REGINALD FRANK SMITH

JUDGEMENT

(1.) THIS is a wife's petition for dissolution of her marriage with her husband (hereinafter described as respondent) on the ground of alleged adultery, cruelty and desertion.

(2.) THE respondent pleads, inter alia, that he is a British subject domiciled in England and therefore this Court has no jurisdiction to pass a decree for dissolution of his marriage.

(3.) THE petitioner's counsel contended, in the first place, that it was not admitted by his client that the respondent was domiciled in England and, in the alternative, that even if it was proved that the respondent's domicile was in England, the Courts in this country could give the petitioner a decree for dissolution of marriage which would be operative in India, though not in England. In support of this contention, he relied on the case of -- 'mrs. Nan Greenwood v. L. V. Greenwood', air 1928 Oudh 218 (1) (A ). In that case Pullan J. held that where neither party was proved to be domiciled in India, the Indian Courts could grant a petition for dissolution of marriage which would be valid for all purposes throughout India, although it might not be operative beyond the limits of this country.