Matrimonial Causes in Conflict with Law | Private International Law | Position in England |

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In this Video Adv. Vanita has discussed about Matrimonial Causes in conflict with law that is as follows :
MATRIMONIAL CAUSES
A matrimonial cause is now statutorily defined as an action Before the for nullity of marriage, divorce, judicial separation, jactitation of marriage or restitution of conjugal rights.
POSITION IN ENGLISH LAW
Voidable Marriage
By Section 12 (c) of the Matrimonial Causes Act 1973, which provides that a marriage shall be voidable if either party did not consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise.
Under Section 12 (e) a marriage is voidable if at the time of the marriage the respondent was suffering from venereal disease in a communicable form.
Under Section 12 (f), if at the time of the marriage the respondent was pregnant by some person other than the petitioner.
As it is provided by Section 13 (3) that a decree shall not be granted in these later two cases unless the petitioner was at the time of the marriage ignorant of the facts alleged. However, there are some reported cases which suggest, but have no conclusive answer to the question what system of law governs the requirement of consent.
APT
V.
APT
where a marriage by proxy, valid by the lex loci celebrationis, was upheld, the Court of Appeal held that the validity of proxy marriages was a question of formalities.
WAY
V.
WAY
a marriage had been celebrated in Russia between a wife domiciled there and a husband domiciled in England. The husband sought a nullity decree in the English court, one of the grounds being lack of consent, that he had entered the marriage under the mistaken belief that the wife would be permitted to come to live with him in England. The judge’s view seems to have been that whether the husband had consented was to be decided according to English law of his own domicile.
By that law the mistake was immaterial, so the marriage was not invalid for lack of consent. There is no suggestion that Russian law, as the law of the wife’s domicile, could be relevant to test whether the husband had consented or not. This case does not amount to a clear decision in favor of the dual domicile rule, because no difference was shown to exist between English law and Russian law.
• Dissolution of Marriage
In England, the consent and breakdown theories of divorce are both partially accepted. However, the Matrimonial Causes Act, 1973 accepts no other ground for divorce except irretrievable breakdown of marriage. The situations where such a breakdown would ensue are statutorily defined by Section 1 (2), and include factors such as the commission of adultery, desertion or separation for a continuous period immediately before the suit.
Jurisdiction in English Law
Several fundamental changes have been affected by the Domicile and Matrimonial Proceedings Act, 1973, following which the jurisdiction of English courts has been limited to two grounds- domicile and habitual residence. According to the statute, the first of these grounds is satisfied if either party is domiciled in the country on the date of initiation of proceedings.
Moreover, a subsequent change in domicile would not alter the jurisdiction already enjoyed by the English courts. The second ground of habitual residence has been recognized in light of the Hague Conventions regarding the same. At the same time, the term has not been defined, but left to be determined by factual elements instead.
Choice of Law in England
English courts invariably apply their own domestic law once their jurisdiction has been determined. This is not negated even when it becomes known that matrimonial misconduct does not constitute a ground for divorce in the foreign country of residence/domicile. While this may find justification in the grounding of English divorce law in domicile, it cannot explain away the insistence of the English courts to apply their domestic law while assuming jurisdiction on the basis of residence of the parties. Special statutory jurisdiction has come to be abolished over time, but English domestic law is still applied in all the cases where the English court has jurisdiction. Recognition of Foreign Divorces
The recognition of foreign divorces in India has come to be codified by the Recognition of Divorces and Legal Separations Act, 1971. Prior to the enactment of this statute, it had been held that a foreign divorce decree would not be recognized unless the judicial pronouncement was made by a competent court in the country of domicile.
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[@asadkhan7096]

Thanks mam , You just covered a whole unit, today my exam is at 10AM and now it’s 5:40AM trying not to fall asleep although there are 2 more to go and it’s my last exam of the course this shows how careless we became overtime and then you realise …….

[@SandeepSingh-r7v7o]

Bot acha explain Kiya mam aapne thanks 🙏

[@malavikab7578]

Thankyou so much maam, my seminar topic was matrimonial causes and i got full mark in that by studying your notes in the video❤

[@legalgyan5]

Most welcome 😊

[@mohinishagnihotri8051]

Mam your explanation is very good and also writting is very fine

[@vidyadhar5501]

Thanks Ma'am for providing such a wide description regarding the subject, it is being requested please provide description of case law of Apt v. Apt.

[@hunny8927]

Tq mam 😍🥰 it's helpful for my exams

[@MonaMonika-bx7fp]

🙏🏻 thx mam