Shradha 24 October 2017

Goan law for divorce

Hi ,

My brorther whos is based out in Mumbai and my sister in law whos home town is goa , they have been Married for 3 years now but since day one of their marriage its a difficult marriage where in my sister in alw is unable to accept this marraige could not cope up Mumbai life and have always been making my brother life miserable .

They have a child who is 2 yrs old. My brother always thought may be the child will change their life but she behave like split personality and always keep telling him she wants divorce and what to leave him.She keeps abusing him , abusing entire family and have also gone to extreme to link him with other women.

Our family is all well educated and all settled in their respective zone .Unfortunately this one is the only arrang marriage which has been a curse as we all have to go through this.

We feel really sorry for my brother as he is going through depression and is stuck in this relatiship becuase of his daughter.

He have been going ill health due to her stress. As the marriage was registered in Goa and we believe there are different laws in goa which is the reason for my sister in law to keep demanding divorce so that she gets money.

We what to know how can we proceed in this kind of case.What kind of step should my brother take in this situation as he is scare of court and all that drama . Also his earnings are not that great that he can give her the money to settle better for life.

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6 Replies

Samir N (General Queries) (Business) 24 October 2017

if the marriage was registered in Goa, there is one more relevant question: What is the domicile of your brother? If it is Goa and he has properties, then he is in deep trouble. She will get 50% of his share as she will insist on what is called Inventory Proceedings in Goa. No wonder she wants divorce! I have a friend who went thru this so I am aware somewhat. He finally was able to prove that he was not domiciled in Goa but thats an issue of fact. What you should do is to file some case against her in Mumbai and see if she opposes jurisdiction of Mumbai Family Court. That would be a starting point... If she files a divorce case in Mumbai, then that should help you a lot. If she files one in Goa, then other facts will come into play which you have not fully disclosed. Hope this helps.

Shradha 25 October 2017

My brother is domicile of Mumbai , his birth schooling everything is in Mumbai . He has no propoerty in Goa . It is an arrange marriage

She keeps saying she wants a divorce however my brother will be ripped of for no reason in this . Will law help in thius case as the domestic voilence is happening to my brother. She threaten him everytime saying she will torture my mother who is a heart paitent.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 October 2017

the parties of marriage are Hindus or Christian?

Shradha 25 October 2017

Its a Hindu Marraige .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 October 2017

Then no need to worry, if they lastly reside together in Mumbai then immediately file divorce case against her in Mumbai family court based on cruelty under section 13(1)(ia) of Hindu marriage act. She will not get any thing from her husband except the maintenance if she is not able to maintain herself.

Samir N (General Queries) (Business) 25 October 2017

Its not that simple. Goan law is based upon domicile and ancestry. Domicile itself is a complex subject. But the key is property. There is a concept of communion of assets in Goa... after 'inventory proceedings" post-divorce, the assets are split. If there are no assets, it has no material impact for your brother where she files.

There is no law of domestic violence against a main!