1938 Present: Koch J.

MORRIS v. MORRIS.

S. C. No. 1-Divorce.

Divorce-Action by wife resident in Ceylon-Husband domiciled in England-Domicil of wile-Requirement of Order in Council, 1936-Indian and Colonial Divorce Jurisdiction Act, 1926, s. 1.

By the Ceylon Divorce Jurisdiction Order in Council, 1936, the provisions of section 1 of the Indian and Colonial Divorce Jurisdiction Act, 1926, were applied to Ceylon: Under that section, read together with the terms of the Order in Council, the Supreme Court was vested with jurisdiction to grant a divorce. where the parties to the marriage are British subjects domiciled in England or Scotland, provided the petitioner resides in Ceylon at the time of presenting the petition, that the place where the parties last resided together was in Ceylon, and that either the marriage was solemnized in Ceylon or the adultery or the Crime complained of was committed in Ceylon.

The petitioner asked for a divorce from her husband on the ground of malicious desertion. The petitioner alleged that she was a permanent resident of Ceylon, which was her domicil of origin and that her husband was an Englishman domi