Swapna Ghosh v Sadananda Ghosh
Rule established
A married woman living separately from her husband may acquire an independent domicile of choice; the old common law rule of dependent domicile is abandoned.
Facts
- The wife had lived separately from her husband in another State for several years and argued that she had acquired a domicile of choice in that State, independent of her husband's domicile.
Issue
- Whether a married woman living apart from her husband can acquire her own domicile of choice.
Held
- Yes. The old rule that a wife's domicile automatically follows the husband's is abandoned. A wife living separately may, by establishing factum (residence) and animus (intention to remain permanently), acquire an independent domicile.
Ratio Decidendi
(1) The common law unity of domicile between spouses is inconsistent with constitutional equality. (2) A wife's capacity to acquire domicile independently follows from her status as a person in her own right.
How to use it in an exam
- Pair with Central Bank of India v Ram Narain (1955) for the complete picture on independent domicile
- Cite in any problem where a separated wife invokes a jurisdiction based on her own domicile
Source
Source: AIR 1989 Cal 1
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.