SUMMARY OF GRINDAL V GRINDAL 1997 (4) SA 137 (C)

31 MARCH 2011

In this case we deal with the applicant ( the wife ) who applied to sue the respondent ( her
husband) for a divorce by edictal citation.

The applicant emigrated to Australia to live with the respondent and lost her domicile of
origin in South Africa. She then completely gave up her home in South Africa, making
Australia her permanent home. We know that upon her arrival in Australia she acquired it as
her domicile of choice. This is so because ‘authorities state that in order to establish a
domicile of choice that person concerned has abandoned his or her domicile of origin’ like
she had, when choosing Australia as her new home. However, while they were visiting in
England, things between them did not work out and she wanted to file for a divorce. She
stayed in England and took up a temporary job, but intended to return to South Africa. The
issue is whether her domicile of origin can automatically be revived, which then gives the
South African Court jurisdiction in this matter.

The rule in this matter is that the Court shall have jurisdiction in a divorce if the parties or
either of the parties is domiciled in the area of jurisdiction of the Court on the date on which
the action is instituted.1

So when applying the rule to the facts we see that as the domicile of choice requires, the
applicant is not physically or lawfully present. But because the applicant now chose Australia
as her home, she now needs to revive her domicile in South Africa with the intention to stay
there for an indefinite period of time. So because she was domiciled in Australia, and
temporarily worked in England, the South African Court has no jurisdiction to hear the
divorce.

To conclude, the Court found that they have no jurisdiction over the matter, because she was
not domiciled in South Africa, but if she returns to South Africa and acquire her domicile
here, the applicant can renew the application and proceed with the case.

1
Casebook of the South African Law Of Persons, 3 rd edition, Jacqueline Heaton