DomicileAnimusSupreme Court of India

Louis De Raedt v Union of India

(1991) 3 SCC 55419911 min read
The case in brief30-second read
Facts
Father Louis De Raedt, a Belgian national, had lived and worked in India as a missionary for over thirty years. The Government ordered his deportation. He challenged the order on the ground, among others, that he had acquired Indian domicile through prolonged residence and settled intention.
Issue
Whether prolonged residence in India amounts to acquisition of an Indian domicile.
Held
Long residence creates a strong presumption of the intention to remain permanently, but is not conclusive by itself. The Court assessed the totality of circumstances, including the nature of the person's stay, ties to the country of origin, declarations of intention, and the legal framework for permanence.
Principle
Prolonged residence in India raises a strong presumption of the intention to remain permanently (animus manendi), but residence alone is not conclusive of domicile; the totality of circumstances must be assessed.
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Facts

  • Father Louis De Raedt, a Belgian national, had lived and worked in India as a missionary for over thirty years. The Government ordered his deportation. He challenged the order on the ground, among others, that he had acquired Indian domicile through prolonged residence and settled intention.

Issue

  1. Whether prolonged residence in India amounts to acquisition of an Indian domicile.

Held

  • Long residence creates a strong presumption of the intention to remain permanently, but is not conclusive by itself. The Court assessed the totality of circumstances, including the nature of the person's stay, ties to the country of origin, declarations of intention, and the legal framework for permanence.

Ratio decidendi

(1) Factum of residence for decades is strong evidence of animus. (2) But residence under a visa or temporary permit may negate the animus. (3) The totality of circumstances governs.

Exam use

How to use it in an answer

  • Cite for the evidentiary standard of animus in domicile of choice
  • Useful in problems where a person has lived abroad for decades and claims domicile
  • Distinguishes factum from animus: long residence is necessary but not sufficient

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Citation

Louis De Raedt v Union of India (1991) 3 SCC 554

Reported: (1991) 3 SCC 554. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.