ARCHIVES
VOL. 6, ISSUE 2 (2024)
Concept of domicile (Home) under private international law with special reference to women in India
Authors
Sabavath Sreenivas
Abstract
The idea of domicile, or “home,” as it relates
to Private International Law is examined in this research study using a
doctrinal methodology, with particular attention to the consequences for women
in India. A fundamental tenet of legal systems across the globe, domicile
affects issues of jurisdiction, relevant law, and the recognition of rights and
duties between nations. But its use requires careful consideration, especially
when it comes to vulnerable populations like women. This paper explores the
theoretical framework underlying domicile, following its growth throughout
legal systems and investigating its conceptualization in the context of Private
International Law, all while drawing on doctrinal analysis. The study clarifies
the standards and legal framework pertaining to residence in India,
highlighting its importance in ascertaining a person's rights and legal status.
In addition, the paper analyzes the complex processes of domicile determination
via a gender lens, emphasizing the particular difficulties women encounter in
establishing and defending their domicile rights. The research clarifies how
gender prejudices and societal norms interact with domicile rules, affecting
women's access to justice and their capacity to properly exercise their rights,
through an analysis of case studies and empirical data. In addition, the paper
compares domicile laws from several jurisdictions, offering insights into
global best practices and pointing out areas in need of development. To
highlight the wider effects of domicile on women's rights and wellbeing, it
also examines how domicile intersects with other legal concerns, particularly
family law issues like marriage, divorce, and child custody. The paper finishes
by proposing legislative changes and policy suggestions meant to rectify gender
differences in domicile laws and improve legal protections for women in India,
based on the doctrinal analysis and research results. Through the use of a
doctrinal methodology, this study advances knowledge of the intricate
relationships between gender, domicile, and Private International Law and
provides insightful information to researchers, practitioners, and
policymakers.
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Pages:37-43
How to cite this article:
Sabavath Sreenivas "Concept of domicile (Home) under private international law with special reference to women in India". International Journal of Law, Policy and Social Review, Vol 6, Issue 2, 2024, Pages 37-43
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