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In this video Adv. Vanita has discussed about Matrimonial Causes in conflict with Law that is as follows :
POSITION IN INDIA
Jurisdiction in Indian Law
The matrimonial laws in India vary from one community to another,
yet statutory enactments have been made for most of these. Under
none of these religion-specific laws is either nationality or domicile
considered relevant for the purpose of determining jurisdiction in a matrimonial cause. Instead, they choose to accord centrality to
‘residence’, which in turn has been defined in a broad sense. The
Hindu Marriage Act, 1956, serves as a case in point:
it recognizes, among others, ‘residence’ at the time of marriage and
presentation of petition as valid factors for determination of
jurisdiction.
Courts have been quick to point out that whether a spouse is resident
in a particular place or not depends upon the facts of the case.
This mixed question of law and fact was handled by the Supreme
Court in
JAGIR KAUR
V.
JASWANT SINGH
(1963)
a person resides in a place if he through choice makes it his abode
permanently or even temporarily; whether a person has chosen to
make a particular place his abode depends upon the facts of each
case. It was observed that the word ‘residence’ would not include “a
casual stay in, or a flying visit to, a particular place”.
However, it is possible that the parties may have failed to establish a
matrimonial home during the period of marriage. In such cases,
jurisdiction is accorded to the last place of residence, even when the
duration of such stay is remarkably brief. TARA
V.
JAIPAL SINGH
(1946)
serves as a useful illustration. In this case, the parties had not set up
permanent residence anywhere, choosing to live at several places for
short time periods instead. It was held that they were living in
Darjeeling simply because it was where they had resided during the
week immediately preceding the breakdown.
Choice of Law in India
In India, once questions of jurisdiction have been entertained and
determined, the courts apply the personal law of the parties involved.
Thus, the Parsi Marriage and Divorce Act, 1936 would be applied in
a case where the parties to the dispute belong to the Parsi
community. The Special Marriage Act, 1954 is applied even when
both parties belong to the same religion, in situations where the
marriage involves a foreign element, or has been performed abroad.
It becomes evident, then, that the question is not of applying the lex
domicilii of the parties, but their lex fori.
Recognition of Foreign Divorces
Each matrimonial law specifies grounds for dissolution of marriage.
However, none of these legislations, whether inadvertently or
otherwise, state whether a domiciliary/residence qualification is
necessitated by a divorce. Consequently, it becomes necessary to look at courts for guidance,
and the judgment in
SATYA
V.
TEJA SINGH
clarifies the need for a domicile in the location of the court for
upholding the validity of the divorce.
Thus, Indian rules for recognition of foreign divorce are not fully
developed yet apart from general provisions contained in Section 13
of the Civil Procedure Code. Accordingly, the development of case-law
assumes centrality.

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