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Ali From Bangalore (Employee)     16 December 2014

Goa - law of divorce - article 4(5)

Dear All,

I am from Bangalore and my wife is from Goa.  We have decided to get divorce.  We are separate from last more than three years.  We don't have any child.

I have got the notice from My wife for divorce.  The title of notice read as:

"PETITION FOR DIVORCE UNDER ARTICLE 4(5) OF LAW OF DIVORCE (i.e. DECREE DATED: 03/11/1910), IN FORCE IN TERRITORIES OF GOA, DAMAN & DIU W.E.F. 26/5/1911."

My question is - what actually "ARTICLE 4(5) " refers to according to Law of Divorce in Goa.

Thanks & Regards,

Ali



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     16 December 2014

The matrimonial laws are governed by laws pertaining to Goa is different to that of the law prevailing in other parts of country outside Goa.  You may take the help of a lawyer from local Goa to challenge her case or if you prefer to settle it mutually, you may talk to her and arrange to get the marriage dissolved through her advocate itself by the law of the local through Court in Goa.

Ali From Bangalore (Employee)     16 December 2014

Thanks Sir for reply.

I still want to know if any one knows what "ARTICLE 4(5)" refers to as per stated law.

Thanks & Regards,

Ali

Jai Karan Nagwan (consultant)     16 December 2014

As per article 4 (4)(5) of Portuguese Civil Code: if spouse abandoned the other for not less than 3 years, can file suit for dissolution of marriage.

Jai Karan Nagwan (consultant)     16 December 2014

As per article 4 (4)(5) of Portuguese Civil Code: if spouse abandoned the other for not less than 3 years, can file suit for dissolution of marriage.

Jai Karan Nagwan (consultant)     16 December 2014

Also Please mind Muslim personal law / shariat is not applicable in Goa. More than one marriage is offence.

Ali From Bangalore (Employee)     17 December 2014

Thanks Jai Sir for the reply, this is the exact thing I was looking for.

I assume "ARTICLE 4(5)" is only about what you mention and NOT more than that.  In other word, there is no more details on "ARTICLE 4(5)" but the one you specified.

Thanks & Regards,

Ali.

Samir N (General Queries) (Business)     17 December 2014

You need to be very careful about Goan laws when it comes to Marriage because these whole issue of property division between husband and wife after divorce is already covered under the Portugese laws applicable in Goa (I remember reading on the Sanjay Dutt case... and how women want to get married in Goa...). So, the first defense you should raise if such a divorce petition is filed against you in Goa and you have property issues to deal with, is LACK OF JURISDICTION OF GOAN COURTS on your matrimonial affairs. Of course, I do not know the details of your origin, marriage venue, your wife's origin, etc. All these are relevant but unfortunately I am not sufficiently knowledgeable in Goan law to offer a definite advice and hope that this post helps you to explore further. 

Ali From Bangalore (Employee)     20 December 2014

Thanks Samir sir for the suggestions.  Fortunately, I don't have any property issue to deal with and also no child.

Ali From Bangalore (Employee)     20 December 2014

Dear Samir sir and All,

You point on property issue remind me one more query.

After I get divorce like once I get divorce decree .. after that is it possible for my wife to file case on my property?  After divorce she is no longer my wife, does she still can ask for share in my property??

 

Thanks & Regards,

Ali


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