Chagla, C.J.

1. This is an appeal from a judgment of Coyajee J., who held that the Court had no jurisdiction to try a matrimonial suit which was filed in the Parsi Chief Matrimonial Court over which he was presiding. Both the parties are Iranians professing the Zoroastrian faith. The plaintiff, who, is the wife, came to Bombay in 1940 from Persia, and the defendant came to Bombay in 1943, and they were married on 11-11-1944, The petition for divorce was filed on 2-7-1948, on the ground of cruelty. The defendant was registered as a foreigner and according to his written statement he was allowed to stay in India only under a special permit and was liable to be called upon to leave India at any time. The preliminary issue as to jurisdiction was argued before the learned Judge on the assumption that the defendant was not domiciled in India. The plaintiffs contention was that the fact that defendant was resident within jurisdiction was sufficient to confer jurisdiction upon the Court. The learned Judge took the view that the proper test to apply in order to determine whether the Court had jurisdiction or not was that of domicile and not of residence. The learned Judge took the v