Person who claims to have acquired domicile of choice has to prove it

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Article 5 of the Constitution of India

Domicile of choice – The Person who claims to have acquired domicile of choice – Has to prove it

The right to change the domicile of birth is available to any person not legally dependant and such a person can acquire domicile of choice. It is done by residing in the country of choice with intention of continuing to reside there indefinitely. Unless proved, there is presumption against the change of domicile. Therefore, the person who alleges it has to prove that. Intention is always lodged in the mind, which can be inferred from any act, event or circumstance in the life of such person. Residence, for a long period, is an evidence of such an intention so also the change of nationality.

(Sondur Gopal v. Sondur Rajini; AIR 2013 SC 2678)

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