Kedar Pandey v Narain Bikram Sah (1965)

Muslim Law (Family Law II) · Domicile & ISA

Facts.

A dispute over whether a person had abandoned his domicile of origin and acquired a domicile of choice in a different country.

Issue.

What must be proved to establish a domicile of choice?

Held.

The Supreme Court held that a domicile of choice is acquired only by residence combined with the intention of permanent residence; the burden is on the person asserting the change, and mere residence is not enough.

Why it matters.

It is the leading Indian authority on how domicile is acquired — the pivot of every cross-border succession problem.

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