( 1 ) THE point involved in this appeal is a very important and hotly contested one as to whether a Hindu who married according to Hindu rites in India can claim that the provisions of Hindu Marriage Act are not applicable to him as he (as the husband claims here) is not domicile of India ? This is the main question and other questions which are raised will be discussed during the course of the judgment.

( 2 ) THE facts of the case are that Nitaben (Appellant in First Appeal no. 278 of 1982) and respondent no. 1 Dhirendra Chandrakant Shukla were married in India according to Hindu rites on 22-6-1977. Thereafter the appellant-wife was taken to Nairobi in Kenya where respondent no. 1 husband was residing. There she gave birth to a male child who is named Manish. It is the allegation of the appellant-wife that she was not treated properly but was cruelly treated. Then she came back to India with her uncle-in-law and informed her parents about the treatment metted out to her and that she did not want to go to Nairobi at her husbands place. It was also known that prior to this marriage respondent no. 1 had married twice. After the appellant- wife came back to India she