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Notes
1 Dependents are persons unable to acquire domicile by choice and are therefore attributed the domicile of the individual they are dependent upon. The domicile of married women, categorized as dependents, is the same as their husband’s. See Indian Succession Act 1925, s 15–16.
2 A limping marriage refers to a marriage wherein the divorce granted in one jurisdiction remains non-recognized in another, allowing the marriage to nevertheless persist in the non-recognizing jurisdiction.
3 Baby Manji Yamada v Union of India (2008) 13 SCC 518.
4 Jan Balaz v Anand Municipality AIR (2010) Guj. 21.
5 Where the contract has no chosen law, express or implied, the contract shall be governed by the rules of law of the country with which the dispute is most closely connected.
6 The doctrine helps determine the applicable law by identifying the law of the country with which the contract is closest connected. It could be either (1) the place of habitual residence or central administration, or (2) the principal place of business of the debtor owing the particular characteristic performance.
7 Mario Giuliano and Paul Lagarde, Report on the Convention on the Law Applicable to Contractual Obligations. Official Journal C 282, 31 October 1980.
8 Habitual residence factually connects an individual to a jurisdiction, reflecting some form of assimilation to that country so that it could be an appropriate forum for litigation.
9 An action for an alleged tort committed in a foreign jurisdiction can be successful in a domestic court only if it would be actionable under the laws of the home jurisdiction and also the foreign jurisdiction.