DomicileMarried womanSupreme Court of India

Central Bank of India v Ram Narain

AIR 1955 SC 3619551 min read
The case in brief30-second read
Facts
A question of jurisdiction turned on whether the wife's domicile was the same as her husband's or whether she had acquired an independent domicile in a different territory.
Issue
Whether the common law rule that a wife takes the husband's domicile applies in India.
Held
The rule does not apply with the same rigidity. A married woman may acquire a domicile of her own, distinct from her husband's, particularly where they are living apart.
Principle
The common law rule that a wife's domicile automatically follows the husband's does not apply with the same rigidity in India; a married woman may acquire a domicile of her own, particularly where the spouses live apart.
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Facts

  • A question of jurisdiction turned on whether the wife's domicile was the same as her husband's or whether she had acquired an independent domicile in a different territory.

Issue

  1. Whether the common law rule that a wife takes the husband's domicile applies in India.

Held

  • The rule does not apply with the same rigidity. A married woman may acquire a domicile of her own, distinct from her husband's, particularly where they are living apart.

Ratio decidendi

(1) The common law fiction of unity of person does not apply in India. (2) A wife has the legal capacity to acquire her own domicile. (3) The rule is moderated by constitutional principles of equality.

Exam use

How to use it in an answer

  • The foundational Indian authority on the independent domicile of a married woman
  • Always pair with Swapna Ghosh v Sadananda Ghosh (1989) which reinforces this principle
  • Cite in any problem where a wife's domicile is in issue

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Citation

Central Bank of India v Ram Narain AIR 1955 SC 36

Reported: AIR 1955 SC 36. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.