Divorce by mutual consent
CP Renjith
(Querist) 22 August 2017
This query is : Resolved
We are from Kerala. My daughter has married a Keralite living in Goa. The marriage took place in Trivandrum Kerala and we are settled there as well. Her marriage was registered in Trivandrum. Their marriage was registered in Goa also . We are Hindus.They were married for 6 years plus. No children. She has now separated from her husband since the last 3 months and her husband has agreed for divorce on mutual consent. According to my understanding, we can file for divorce only after one year of separation(even when divorce is by mutual consent). But her husband's family is insisting on filing the divorce in Goa right now as according to them it is a requirement as per the Goan Laws because the marriage has been registered in Goa. There are also some joint properties in hers and her husband's name ( which was acquired by the husband's family after their marriage) which we are ready to forego and assign the properties back to her husband.
My questions are the following?
Is it possible to file for divorce in Goa before the one year cooling period?Is filing for divorce in Goa a requirement according to the Goan govt laws because the marriage has been registered in Goa also?
Can she file a divorce petition in Trivandrum after the cooling period and will the judgement from the Trivandrum court suffice for annuling the marriage as per the Goan Govt registration?
If filing for divorce in Goa is not a requirement, then we would like to do that in Trivandrum. But we would like to aasign the joint properties back to them. Can she do this in a legal way without jeopardising her divorce case( meaning she should not find herself in the wrong end without any hold on them when her divorce case comes up for hearing. Her husband should not turn around and refuse the divorce or create any kind of problems for the divorce)
Cherumanalil PR
Ms.Usha Kapoor
(Expert) 23 August 2017
Read more at: http://www.lawyersclubindia.com/forum/Marriage-anullment-or-divorce-80159.asp
al consent . 3) you can file for divorce in Goa or at the place in india wherein you resided together . FILING OF PETITION Every petition shall be present to the District Court within the jurisdiction of which The marriage was solemnized. The other party at the presentation of the petition resides; or The parties to the marriage last resided; Where the petitioner is residing at the time of presentation of the petition in case the other party is residing outside the territories to which the Act extends or has not been heard of as being alive for a period of seven years or more
Read more at: http://www.lawyersclubindia.com/forum/Marriage-anullment-or-divorce-80159.asp
You can even file for divorce even in Trivendrum..As you rightly said one year gap should be there between the date of marriage and date of divorce even for mutual consent divorce.
Ms.Usha Kapoor
(Expert) 23 August 2017
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Rajendra K Goyal
(Expert) 23 August 2017
You can file Mutual Consent Divorce at present, marriage is more than one year old.
You can file MCD at Trivandrum.
However, if other party is insisting for filing at GOA, discuss with your lawyer and may proceed.
