Domicile of Origin:
Section 7: The domicile of origin of every person of legitimate birth is the country in which the father was domiciled at the time of birth.
If a posthumous child, it is the country where the father was domiciled at the time of his death.
For an illegitimate child, it is the country in which the mother was domiciled at the time of birth.
Section 9: Domicile of origin prevails until a new domicile has been acquired.
2.Domicile by Choice:
Section 10: A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
Illustration: A, with a domicile of origin in England, is a barrister intending to reside the rest of his life in India; he is deemed to be settled and domiciled in India.
Special Mode (Section 11): One has to deposit a declaration in writing. Must be residing in India for not less than 1 year and deposited the declaration with an office appointed by the State Government.
Section 13: New domicile continues till the former domicile is resumed or another is acquired.
Case: Kedar Pandey v. Narain Singh: Narain, born in Nepal to a father domiciled in Nepal, married a girl with Indian domicile and was elected as head of a Panchayat. It was held he acquired domicile by choice.
3. Domicile by Operation of Law: Three main categories: Minor, Lunatic, and Married Woman.
Section 14: The minor follows the domicile of the parent from whom he derived his domicile of origin (Sections 7, 8).
Section 17: A person cannot acquire a new domicile during minority.
Section 15 & 16: A married woman acquires the domicile of her husband by marriage if she did not have the same domicile. During marriage, she follows her husband's domicile.
Section 18: A lunatic person cannot acquire a new domicile in any other way than through the person under whose care he is.
According to this section, Part II of domicile does not apply to a deceased person if they were Hindu, Muhammadan, Sikh, Buddhist, or Jain.