Divorce appliation in goa
Jo
(Querist) 01 July 2014
This query is : Resolved
I am from singapore married in Goa and christian by relgion.
We got married in 2010. After marriage seen lot of trauma ranging from in laws issue to mental suffering and what all. I even have miscarriage and almost on death bed due to all this suffering.
We tried all thing like counselling and other but nothing working out but nothing work out and I had to force myself to live seperately since last year.
I am trying to workout with my partenr wherein he sometime get okay for mutual consent divorce but then later on just deny..
I want to know what is the best way for me to apply for divorce in Goa as i understand laws are bit different in goa then rest of country and how quickly i can get it and is there any way if we file mutually and thereafter he refuse i dont have any time loss..
All help and advice appreciated
Devajyoti Barman
(Expert) 01 July 2014
From Goa also you can get divorce amicably by way of mutual divorce.
Other city in India can also be availed of for this need.
ajay sethi
(Expert) 01 July 2014
better contact a local lawyer in Goa for your divorce . since your marriage is registered in Goa apply for divorce in Goa
Raj Kumar Makkad
(Expert) 01 July 2014
Goa shall be the proper place seeking divorce in the given facts,
Jo
(Querist) 02 July 2014
Thanks that i will do but since am not from india , Appreciate if anyone of you can guide me on high level procedure..
Devajyoti Barman
(Expert) 02 July 2014
what do you mean by ' high level procedure'?
T. Kalaiselvan, Advocate
(Expert) 04 July 2014
If you have registered your marriage under foreign marriages act or special marriages act, the Goa law of marriage need not be complied with for matrimonial disputes. However, Goa is the only state in India which continues to be governed by Portuguese Laws with respect to Family Laws relating to Marraige and Succession Laws and the corresponding laws of India are not extended to the state of Goa. Portuguese law is however applicable only to a Goan. A Goan citizenship under Article 18 of the Portuguese Civil Code, is acquired by i) birth in Goa, or whose father in born in Goa or whose grandfather is born in Goa or ii) a woman by virtue of marraige or iii) by naturalisation.
By default every Goan marries under a system called Communion of Assets, whereby, from the time of his marriage, his spouse acquires half undivided right in the assets of the other, unless there is a contract called Ante Nuptial Contract is executed to avoid such system of law.
All marriages were compulsorily registerable in the state of Goa, irrespective of the religion practiced or professed by the parties to the marriage. The extant Family Law in the State of Goa is based on Portuguese Civil Code, 1867 which has been allowed to remain in force by the Government of India within the framework of Constitution of India after liberation of Goa, Daman and Diu on December 19, 1961.
Thus, please state that under which provision of law your marriage was registered, accordingly the divorce law will apply.
malipeddi jaggarao
(Expert) 05 July 2014
Expert Mr.Kalaiselvan's reply is very informative. Give full particulars.
Jo
(Querist) 09 July 2014
Thanks Kalaiselvan. The marriage is registered in Goa and under no special foregin marraige act. There was no Ante nuptial contract as well.
sorry to reply late. Appreciate your feedback.
