Domiciles – Kinds of

Domiciles are of three kinds, viz., domicile of origin, the domicile by operation by operation of law and the domicile of choice. Domicile of origin is not necessarily the place of birth. The birth of a child at a place during absence of the parents from their domicile will not make the place of birth as the domicile of the child. In domicile of choice one is abandoned and another domicile is acquired but for that, the acquisition of another domicile is not sufficient. Domicile of origin prevails until not only another domicile is acquired but it must manifest intention of abandoning the domicile of origin.
The right to change the domicile of birth is available to any person not legally dependant and such a person can acquire domicile of choice. It is done by residing in the country of choice with intention of continuing to reside there indefinitely. Unless proved, there is presumption against the change of domicile. Therefore, the person who alleges it has to prove that. Intention is always lodged in the mind, which can be inferred from any act, event or circumstance in the life of such person. Residence, for a long period, is an evidence of such an intention so also the change of nationality. Sondur Gopal v. Sondur Rajini, (2013) 7 SCC 426.

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Filed under Civil Law, Domicile

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