Radhakrishnan, J.

This matter has been placed before us on a reference made by a learned single Judge having expressed doubt with regard to the correctness or otherwise of the learned single Judge’s Judgment in Ramesh Kumar v. Kannapuram Grama Panchayat, 1997 (2) KLT 434 wherein the learned single Judge took the view that the Hindu Marriage Act, 1956 would apply to a Hindu outside the territory of India only if he is a Hindu domiciled in the territory of India and that he should have permanent residence in India.

2. Petitioners herein are husband and wife who belong to Nair community. Their marriage was solemnized on 13-7-2005 at Vinayaka Kalyan Mandapam at Ernakulam in accordance with the provisions of the Hindu Marriage Act. First petitioner husband is employed at Canada and second petitioner his wife is a native of Kannur District in Kerala. First petitioner’s parental home is at Thodupuzha and parents own properties there. First petitioner was born while parents were at Canada. Consequently he acquired Canadian citizenship by birth and therefore he has a Canadian domicile by birth. First petitioner, a Hindu by birth and who professes Hindu Religion has married the sec