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DOMICILE & RESIDENCE, Undy v Undy
2., Shaik Abdul Latif v Shaik Elias…
DOMICILE & RESIDENCE
Definition of Domicile
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Justice Wensleydale
Habitation in a place with the intention of remaining there for ever, unless some circumstances should occur to alter his intention
Justice Cranworth
From which u cannot be separated if nothing removes you. When you depart from them, you are seen as a stranger
Types of Domicile
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When acquires a domicile of choice, his domicile of origin become suspended
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When a domicile of choice is obtained, the domicile of origin would be held in abeyance
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Woman – she takes on the domicile of the husband upon marriage.
Reason: under CL, husband + wife = 1 ENTITY
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Differences between Domicile, Residence & Citizenship
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Undy v Undy
2.
whether Undy was still domiciled in Scotland at the time his matrimonial affairs were being determined
law applicable to him was the law of his domicile of origin, that is Scotland
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Re Beaumont
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Stirling J: since Catherine was a fatherless infant, the mother had power to change or to abstain from the change of domicile of her infant. Catherine domicile at the time of her death was in Scotland
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Re Huberdina Hertogh
a.1
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requirements not fulfilled, the marriage was void
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Fox v Stirk & Anor
‘physical presence & intention to remain in the same place for a sufficiently long period to make that presence more than fleeting
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TPC v Abu
court was satisfied that the applicants were so resident in Peninsular Malaysia at the relevant point of time.