Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Julia (none)     29 December 2009

Divorce in Goa within 2 weeks only?

Dear members,

I got married with my indian husband on 30.3.09 in goa.

Today he told me that we are now (29.12.09) already divorced.

He explained me, that he asked a lawyer in india (as he is actually not residencing in india) to divorce from me in goa, where we got married.

But i never got any information (as I'm also not residencing in india) and he told me that after 14 days the divorce was finished in goa as i never claimed it.

Is this possible?

I asked him to send me a copy but he refuses to do so.

How I could otherwise get a copy of my divorce? I don't know the lawyer, so could i request it from the court where I got married myself?

 

Thanks in advance for your advices.

 



Learning

 11 Replies

Julia (none)     29 December 2009

btw: we got married under special marriage act in front of court in goa. we didn't have any papers, just a passport and whitnessers, who promised, that we both are not married and I'm from Europe.

Daksh (Student)     29 December 2009

Dear Julia,

Engage an competent Advocate and take out the certified copies of the  pleadings from the local court from where allegedly the divorce proceedings happened.  By perusing the same you will be in a better position to chalk out future course of action.

Best regards

Daksh

Suchitra. S (Advocate)     29 December 2009

Julia, how could he divorce you without you being informed? Atleast you should have got summons from the court concerned if he had applied for divorce. And if you have  not got any summons issued, how can the court pronounce ex-parte divorce? Your husband is simply harrassing you. It is not easy to et divorce within three years of marriage under special Marriage Act. There should be some unavoidable reasons if one wants divorce within one year of marriage.

1 Like

Julia (none)     29 December 2009

Suchitra, thank you for this answer.

I was also shocked, that divorce take place without me or even my signature.

So it can't be in any way that it happened like that, noted at the court and nobody complained? This was possible 30 days after marriage. If someone complain, then we wouln't get the civil registration.

 

But I can even imagine, that he was telling lies to find an unavoidable reason.

 

Or do you think it's possible he got an annulation?

 

Thank you so much for information. Julia

Suchitra. S (Advocate)     29 December 2009

Julia, there is no possibility of annulation of marriage. There are conditions stipulated for annulation of marriage and your case doesnt fit into that.

Vassudev Amonkar (Advocate)     29 December 2009

Julia

ISince you have no clue of the divorce proceedings, I suggest you start from reverse .

I believe since you got married in Goa, your marriage must have been registered and you will have a copy of your marriage certificate issued by the Registrar of Marriages.

If you have the copy, you can find out from the office of the Registrar  by referring to your marriage certificate number whether their records display you being divorced . They require the court  order to record divorce entry in the books of the Registrar.

This will help you find if there is any such order made by the court, if yes, then the same can be challenged.

 

2 Like

Julia (none)     29 December 2009

Thank you.

My husband (ex-?) still insists that we are divorced.

He said, a lawyer in goa arranged it and that the court sent the documents to the adress, where we have been registered in goa.

but 1 month after our marriage i went back hometo europe, so i'm not living there.

my husband says, because I didn't react to the documents from court sent to goa, the court ordered a divorce...?

Is it possible with that explaination?

Otherwise I will definately go myself and find out with the civil registration, as at least i need a copy for myself.

Vikas Dharmendra (Consultant)     29 December 2009

Julia, May be your husband has taken Ex-Parte Divorce, as you could not respond because of migration.

Vassudev Amonkar (Advocate)     30 December 2009

Dear Julia

It is possible that your husband may have taken an Ex-parte ( in your absense) order.But even in this case the court is required to follow certain procedure, like publicatuion of notice in newspapers if a party is not responding to court summons.

Not going into that, it would be advisable for you to personally go to Goa & investigate . You can then start fyour search from the Marriage registrars office.

valentine (ab)     22 October 2012

dear members ,

 I got married in goa in 2006 and have a daughter,now i want to know what rights do i have after divorce regarding my daughter and the property, all are in the name of my wife.I still am not divorced but the talks are there amd my wife wants one. please advice

sangam kumar (Web Maseter)     19 June 2013

To find best legal advice you can go at : https://www.helplinelaw.com/lawyers/goa-lawyers.php


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