No, fundamentally, a person cannot have two domiciles in Pakistan or any other country simultaneously. The established legal principle dictates that an individual can possess only one domicile at any given time.
Understanding Domicile: A Core Legal Concept
Domicile is a crucial legal concept that defines a person's permanent home or the place to which they intend to return. It's distinct from nationality or residence and carries significant implications for various legal matters, establishing where an individual's personal law applies. Key areas where domicile plays a vital role include:
- Personal Law: Determining the applicable laws for matters like marriage, divorce, and succession.
- Taxation: Establishing tax residency in certain jurisdictions.
- Jurisdiction: Deciding which courts have authority over a person in legal disputes.
Unlike nationality, where an individual can hold dual or multiple citizenships (as is permissible for dual nationality in Pakistan under specific conditions), the concept of domicile strictly adheres to the principle of singularity. A person might maintain nationality in one country while having their domicile established in another, but they cannot have two domiciles simultaneously.
Why the 'One Domicile' Rule?
The legal system worldwide, including in Pakistan, operates on the premise that everyone must have a domicile. This ensures that every individual is subject to a specific system of law regarding their personal status, preventing legal ambiguities. Key aspects that underscore this singular rule include:
- Universality: No person can be without a domicile. Even if a person is stateless, or has left one country without fully settling in another, they will always be legally assigned a domicile (often their domicile of origin revives).
- Indefeasibility: A domicile is always maintained; it cannot simply cease to exist.
- Exclusivity: A person can only have one domicile at any given moment. This prevents conflicting legal frameworks from simultaneously applying to an individual, which would lead to confusion in personal law matters.
Types of Domicile: Origin vs. Choice
Understanding the different ways domicile is acquired helps clarify the singular rule:
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Domicile of Origin:
- Acquired at birth.
- For a legitimate child, it's typically the domicile of the father at the time of birth.
- For an illegitimate child, it's the domicile of the mother.
- This domicile is retained until a new one (domicile of choice) is legally acquired.
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Domicile of Choice:
- Acquired by an individual who has reached the age of majority and is of sound mind.
- Requires both physical residence in a new country or territory (factum) and the clear intention to make it their permanent home indefinitely (animus manendi).
- Once a domicile of choice is acquired, it replaces the domicile of origin. If the domicile of choice is abandoned without acquiring a new one, the domicile of origin automatically revives, ensuring continuous singularity.
Practical Implications in Pakistan
In Pakistan, the concept of domicile is primarily governed by the Domicile Act, 1951, and its associated rules. To obtain a domicile certificate in Pakistan, an individual must typically prove their genuine residence and intention to reside permanently within a particular district or province. This administrative process itself reinforces the principle that an individual applies for and holds one such certificate, establishing their legal home for various administrative and legal purposes within the country.
| Feature | Domicile | Nationality |
|---|---|---|
| Number Allowed | Strictly One at any given time | Can be multiple (e.g., dual nationality) |
| Basis | Legal concept of permanent home/intention | Legal bond, allegiance to a sovereign state |
| Universality | Every person must have one, even if stateless | Not all persons have one (e.g., stateless) |
| Legal Impact | Governs personal law, succession, jurisdiction | Governs political rights, passport, duties |
| Acquisition | At birth (origin) or by choice (residence + intent) | At birth, by descent, or by naturalization |
Conclusion
To reiterate, while an individual can hold dual nationality, the fundamental principle of domicile law is its singular nature. A person cannot legally possess two domiciles, whether in Pakistan or any other jurisdiction, at the same time. This principle ensures legal certainty and the consistent application of personal laws and other legal frameworks to every individual.
