2.
(a) on the basis of nationality of both spouses; and (b) perhaps when granted on the basis of nationality
separately acquired by a wife living apart from her husband where the wife had a real and
substantial connexion with the country pronouncing the decree.
An analysis of the ratio decidendi of the Indyka case was given by Mr. Justice Orarod in Angelo v. Angelo (1967), 3 A.E.R., page 314.
4. I see no legal objection to the Governor's proposal mentioned above. It is for the appropriate courts to work out in due course whether the basis of recognition approved in the Indyka case should be extended to the category of marriages in the circumstances referred to in the first paragraph of this minute.
5. The second modification proposed at (1) to the white Paper proposals appears to relate to the manner in which dissolution of a marriage by mutual consent may be effected. I have no comments on the observations contained in paragraphs 15 and 16.
6. Perhaps I ought to mention that in connexion with the Indyka group of cases the circumstances that the ground for divorce is not one recognised in England does not matter so long as the ground in question does not offend against natural justice. (Manning v. Manning (1958) I A.E.R., page 291)."
It is confirmed that you may proceed as proposed. The long delay since your proposals were put to us (and indeed since the above legal advice was tendered) is greatly regretted.
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