22800/92.
No. 191a.
(GENERAL.)
OPINION BY THE ADVOCATE-GENERAL OF BENGAL.
The Advocate-General of Bengal (Sir Charles Paul) having been asked by the Government of India in October 1890, for his opinion as to whether, by the law of India, a woman of foreign nationality of origin, on her marriage with a natural-born British subiect, or with a person naturalised under the provisions of the Indian Naturalisation Act as a British subject, follows the nationality of her husband, reported as follows:-
Opinion.
I have carefully considered "The English Naturalisation Act, 1870," which is included in Mr. Whitley Stokes's Statutes relating to India, and am of opinion that that Statute is a general one, and that section 10, sub-section I, applies to India, regard being had especially to the definition of the term "a natural-born British subject" in section 4.
It follows that, in my opinion, the law is the same in India as it is in England with regard to a woman of foreign nationality of origin marrying a natural-born British subject, or a person who is a naturalised British subject.
The Indian Naturalisation Act of 1352 does not contain any provisions similar to the provisions contained in section 10 of the English Naturalisation Act, and must, in my opinion, be real subject to the English Statute, which, as I have observed, applies to India.
(Signed) G. C. PAUL.
October 4, 1890.
1) 74772.--3 25, -1 93.
PUBLIC RECORD OFFICE
Reference :-
6T
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
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