Private International Law and Patriarchy: Critiquing the Domicile of Dependence in India
- NLR Journal
- Aug 11, 2025
- 2 min read
By Bhavika Perwani, Narsee Monjee Institute of Management Studies, Indore.
Abstract
Domicile of dependence is accepted as an old concept in private international law. By operation of law, the wife is to be in the place where her husband is, hence the origin of this doctrine. Tracing its roots to 19th-century English common law, the doctrine considered that the legal personality of a married woman was merged with that of her husband and, therefore, deprived her of the capacity to maintain or acquire her own domicile. While most countries moved away from such gender-based legal assumptions, India still recognizes the concept of domicile of dependence in some areas, especially in personal law, succession, and conflict of laws.
This article contains a critical feminist and constitutional analysis of the doctrine of domicile of dependence, examining how the doctrine institutionalizes the dependence of women on their husbands within patriarchal systems. It will look at how the doctrine violates the guarantees of equality, individual freedom, and non-discrimination under Articles 14 and 15 of the Indian Constitution and place these concerns in the context of India’s international human rights commitments, especially under the CEDAW, to which India is a party.
The article calls for a radical reform of India’s approach to domicile in private international law. It argues toward recognizing married women as holders of independent legal status and domicile rights, in line with constitutional values and legal developments in other countries like the UK, Canada, and South Africa. Retaining this antiquated doctrine is not only a legal disadvantage to India but also detracts from the constitutional and human rights framework of the country. Gender-sensitive reform is the need of the hour, both in essence and morality.
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