Domicile Status Of Indian Women Married To Non- Resident Indians

Akankshya Anuska Babu, BA LLB (Hons.), Kalinga Institute of Industrial Technology, Bhubaneswar1

ABSTRACT

The domicile status of an Indian woman married to a foreign national depends on several factors, including the country of her spouse's citizenship, her own citizenship, and the laws of the country where the couple is residing. In India, the concept of domicile is primarily used for determining the eligibility of a person for admission to educational institutions and for employment in government services. The domicile status of a woman married to a foreign national is not explicitly defined in Indian law, but she may be able to claim her Indian domicile if she satisfies certain criteria. The Indian Citizenship Act2 provides for the acquisition and termination of Indian citizenship. According to this act, an Indian woman who marries a foreign national may lose her Indian citizenship if she acquires the citizenship of her spouse's country of origin. However, the Indian government has amended the act to provide certain exemptions for women who marry foreign nationals, depending on the country of the spouse's citizenship. For example, if an Indian woman marries a citizen of a country that does not allow its citizens to take up dual citizenship, she may lose her Indian citizenship. However, if her spouse is a citizen of a country that permits dual citizenship, she may be able to retain her Indian citizenship even after marriage.