The question was as to the Magistrates’ jurisdiction under the Acts, which depended upon ordinary residence: ‘Ordinary residence can be changed in a day. A man is ordinarily resident in one place up till a particular day: he then cuts the connection he has with that place – in this case he left his wife, in another case he might have disposed of his house or anyhow left it and made arrangements to make his home somewhere else. Where there are indications that the place to which he moves is the place which he intends to make his home for at any rate an indefinite period, then as from that date in my opinion he is ordinarily resident at the place to which he has gone.’
Judges:
Somerville LJ
Citations:
[1949] P 397
Statutes:
Summary Jurisdiction (Separation and Maintenance) Act 1895
Jurisdiction:
England and Wales
Cited by:
Applied – Lewis v Lewis FD 1956
A wife returning to live in England after a period living in Australia, resumed her ordinary residence when she began her voyage by sea back to England. . .
Cited – Nessa v Chief Adjudication Officer HL 3-Nov-1999
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 23 March 2022; Ref: scu.200338