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4114. The much discussed case of Komioboi. v. Devaram" was at Bombay one. The Bombay Hindu Divorce Act. 194? (Bombay Act 22 of 1947). allowed divorce anfoilg Hindus on certain grounds. but there was no similar Act in the State of Madhya Pradesh. A husband. resident of Madhya Pradesh. had deserted his wife. who thereupon settled in Bombay with her father. The wife sued for divorce tmder the Bombay Act. It was not applicable to her case, as her husband and hence she herself was 'domiciled' in Madhya Pradesh. We are not concerned with the knotty problem whether there can be domicile in a State as much. But this case shows that the concept of domicile is material.
6.15. Certain problems arose in regard to the Act of 1926------the Indian and Colonial Divorce Jurisdiction Act--16 & 17 Geo. 5. Ch. 14.' for example, the question which High Courts are competent thereunder arose. But we are not concerned with those problems.
'Act of l92l.
'Indian &. Colonial Divorce Iurisdiction Act. [926 (16 & 17 Gen. 5 C. 40). 'Indian 8: Colonial Divorce Jurisdiction Act, 1926 (3 & 4 Geo. 6 C. 35}. 'Indian Independence Act, 1947 (10 a: 11 Geo. 6 C. 30}.
Mttauitnh v. Artazdlah, AIR. 1953 Cal. 550 (3. B3.-
For our purposes, it is suflicient to bear in mind that divorces entirely dependent on the act of parties present greater problems than divorces re- quiring some kind of formal 'proceeding'. This will be evident from the dis- cussion of the words "judicial proceeding" in the later paragraph of this Chapter".
8.5. A few examples of extra-judicial divorces may now be referred to. A "':;';"_'j',';*"1'i1":i:l°fdiv':_','.:
Jewish divorce is effected by the husband delivering a Ghat (bill of divorcement), ces. i.e., a written document, to his wife. The consent of the wife is essential to the divorce. The ceremony takes place before "a Rabbi and two witnesses". The divorce, however, takes effect by the act of the husband; the requirement of the rabbi and witnesses is more to authenticate the delivery and to ensure that moral grounds exist for the divorce _and that the parties both consent and understand the nature of the act?"
as ings .... .. .
we become a little uncertain on that ground."
The Solicitor-General wound up his cominentsby-saying--
"I suggest to the hon. andleamed Member and to the House that the answer to his problem is to say that when we reach a proceeding or act as informal as that which he has in mind, the parties would have to rely on the provisions of Claue 6 which enables a divorce and legal separation which is valid by virtue of a rule of law arising from the dornicile of the parties still to be recognised in this country, but it re- quires it to go through an admittedly rather more complex means of proof and esrobiishrnent of recognition. But that is the long stop and the safety net, which is sufficient to deal with this problem."