Civil code doesn't bar transfer of cases: SC


In a significant ruling, the Supreme Court held that a petition for annulment of marriage between spouses who solemnize their marriage under their personal laws following Hindu rites and traditions in Goa can be transferred to a court outside the state. "Even if it were to be held that it is the customary law in Goa which would prevail over the personal law of the parties, the same could not be a bar to the transfer of the matter outside the state of Goa," a bench comprising justices Altamas Kabir and Cyriac Joseph observed. In this case, Vinisha Tolani had filed a petition before the apex court seeking transfer of a divorce suit filed by her husband Jitesh from a Vasco court to Delhi.

 

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Published in Family Law
Source : Manuputra, http://www.manupatra.com/roundup/300/News.html
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