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Divorce

(Querist) 10 October 2014 This query is : Resolved 
being a christian by birth married a hindu in Goa in hindu style marriage and registration in Goa. We lived in my home town bangalore since We never got along i applied for divorce in 2011, in 2014 August order is passed the case does not come under juridiction and to be filed in goa. One error made my advocate in the intial petition is describing me a hindu and marriage under hindu act. After 4 years i am helpless to go and fight all over again in Goa as i dont have any support.
My advocate says he will issue a pertition /vakalat to high court to reopen on basis of last domicle.
Will my case be reopened??
Is there any way i can start a fresh petition in bangalore if so on what grounds??
Please help me and revert asap.
Thanks
Jessy
Dr J C Vashista (Expert) 10 October 2014
Change your lawyer, forget previous petition and file afresh petition in the Court whereever you got married or last resided or at the residence of bride.
Jesintha (Querist) 10 October 2014
Thanks Sir, however the case was filed in bangalore as it was the last resided place before separation. but court has passed orders by dismissing my case as it does not come under jurisdiction. If tere any way i can still fight from bangalore is anyone to help.
Jesintha (Querist) 10 October 2014
Thanks Sir, however the case was filed in bangalore as it was the last resided place before separation. but court has passed orders by dismissing my case as it does not come under jurisdiction. If tere any way i can still fight from bangalore is anyone to help.
Jesintha (Querist) 10 October 2014
Would any lawyer from Goa reply me please how to go about.
Thanks Jessy
ROHIT SHARMA (Expert) 10 October 2014
Dear Jesintha,

1. Your advocate advise is plausible. If he files a petition to high court to reopen on basis of last abode of living together the case can be reopened.
K.K.Ganguly (Expert) 10 October 2014
1. You are entitled to file the divorce case at the place where you are last residing,

2. File an application before the high court to reopen the case.
Rajendra K Goyal (Expert) 10 October 2014
Change your lawyer.file application for reopening of the case.
Jesintha (Querist) 10 October 2014
Thanks you all sirs,

I was a christian and married under civil registeration in goa and then married in hindi style both being different caste and stayed in bangalore my home town, kids born and brought up in bangalore studies till 4th std in bangalore my passport has bangalore address with my electricity as well. due to the error made in initial petition stating i was hindu and marriage under hidu marriage act. now the vakalat is prepared to reopen in bangalore on basis of last domicle and the it was a technical error.
I will be obliged if the high court takes concern and open and dissolve the marriage as its 4 years now and to go through the same process in goa is depressing.
After reading your response im feeling bit pleased. Thanks and hoping i will be divorced in bangalore. If any one has any other opinion please do revert.
Br
Jesintha (Querist) 10 October 2014
Dear Goyal Ji,
is it necessary to change the lawyer however he is advising me to do his best and sent the vakalat and petition for my signature to file. Should I not give him one last chance to him keeping god to take care of the rest.
If it is utmost importance to change please advise the reason.
Thanks
V R SHROFF (Expert) 10 October 2014
Your choice/your trust for your Advocate.
Div Petition can be filed where marriage took place, or where you last resided as h-w or where wife reside at present.. OK.
Jesintha (Querist) 10 October 2014
Thanks Shroff Ji, Though my order is passed to file in Goa, you i can still appeal to high court and reopen the case.
May this works.

Thanks
Anish Thakur 7018812737 (Expert) 12 October 2014
Dear Querist, the orders of the trial court to file petition in goa are really failure of the trial court and is liable to set aside by the highr court.But first you have to study the prvious ptition that the cause of action and jurisdiction clause/para is taken good by your advocat in the previous plaint.If your lawyer forget to mention that you have resided last in banglore and also residing presently in banglore the court can order to file petition in goa otherwise i am surprised that no court can give such order against the provisions of the law. I alo advise you to change your lawyer as the lawyer who are not taking his job serious and even dont read petition before filing can not given second chance as he had not understood the importance of divorce in your life. The most surprising thing is that he didnt noticed his mistake through out the suit as error in plaint and plaint can be amended during the course of suit.And vn after 4 years of the judgment passed by the trial court your lawyer is still looking for second apportunity. strange. Just contat som expert lawyer and make your petition drafted from fresh and also mention the previous petition and errors of the perious petition and also mention that your previous lawyer has mislead you du to which you were delayed to appeal and to file fresh suit in time. For detail advise in your matter send copy of your previous petition to my mail id and feel free to contact if you have left any query in your mind.
T. Kalaiselvan, Advocate (Expert) 15 October 2014
The Law of Marriage in Goa treats a Marriage as a CIVIL CONTRACT, solemnized between two persons or different sex, with the purpose of legitimately constituting a family. The Goa civil code is largely based on the Portuguese Civil Code (Código Civil Português) of 1867, which was introduced in Goa in 1870. The civil code was retained in Goa after its merger with the Indian Union in 1961, although in Portugal, the original Code was replaced by the new Portuguese Civil Code of 1966. In 1981, the Government of India appointed a Personal Law Committee to determine if the non-uniform laws of the Union could be extended to Goa. The Goa Muslim Shariah Organization supported the move, but it was met with stiff resistance from the Muslim Youth Welfare Association and the Goa Muslim Women's Associations.Some ways in which the Goa Civil Code is different from other Indian laws include:

A married couple jointly holds ownership of all the assets owned (before the marriage) or acquired (after the marriage) by each spouse. In case of a divorce, each spouse is entitled to a half share of the assets. However, the law also allows antenuptial agreements, which may state a different division of assets in case of a divorce. These agreements also allow the spouses to hold the assets acquired before marriage separately. Such agreements cannot be changed or revoked. A married person cannot sell the property without the consent of his/her spouse.

The parents cannot disinherit their children entirely. At least half of their property has to be passed on to the children compulsorily. This inherited property must be shared equally among the children.

Muslim men, who have their marriages registered in Goa, cannot practice polygamy. Also, there is no provision for a verbal divorce.
From the above it can be noted that why the court has dismissed the divorce case filed by the author stating that it has no jurisdiction to dispose the marriage solemnised under Goan laws.
Therefore instead of wasting time money and energy for appeal against the court judgment, better follow the proper procedure atleast now if you really want relief and remedy.


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