Marriage anullment or divorce

1) marriage was solemnised in goa and registered in Goa .residency certifcate was issued by local panchayat that you are residing in goa .

2) if both parties want to end marriage then go in for divorce by mutual consent . it is necessary that both should be staying separate for one year for filing divorce by mutual consent .

3) you can  file for divorce in goa or at the place in india wherein you  resided  together .

FILING OF PETITION

Every petition shall be present to the District Court within the jurisdiction of which

1. The marriage was solemnized.
2. The other party at the presentation of the petition resides; or
3. The parties to the marriage last resided;
4. Where the petitioner is residing at the time of presentation of the petition in case the other party is residing outside the territories to which the Act extends or has not been heard of as being alive for a period of seven years or more

Dear Mr. Ajay Sethi,

Thank you very much for your guidance. So, from what i understood from your reply is that anullment of marriage is not possible . Please let me know if this is correct.

Also, do we need to be staying apart for 1 year before filing the divorce petition? or do we need to stay apart after filing the petition.

Thanks again

I totally disagree to advice of ld. @ Ajay Sethi.

1. What is clear from the brief is only one thing that for the parties marriage that a Residency Certificate showing parties resident of Goa is in hand and not disputed.

2. What is not clear from the brief is no hint of what kind of personal Law used by parties for their marriage? Is it HMA or SMA or ???

3. What is further not clear from the brief is there any Marriage Certificate issued by the Office of Civil Registration Offices of Goa ???

4. It is also not clear where currently the husband and/or wife reside?

5. It is also not very clear from the brief that just after their Marriage in Goa where husband and or wife resided respectively?

Based on all the above; assuming by screen name of queriest that they got married under HMA hence Mutual Consent divorce is suggested route further r/w either they can institute a suit to dissolve their marriage in Goa or in any other State where petitioner (husband) resides is not right reply which is my basic difference to ld. brother.

If queriest can clearly state reply to para 2, 3, 4 and 5 then correct and clear guidance can be given which will include Jurisdiction (where he can file suit for divorce) + applicable personal Law Section of the Act.

However Ld. Ajay Sethi I have disagreement to your alternate suggestion also, that suit for divorce can be filed in any other State “where petitioner resides” which I doubt he can do so without clearing bar raised in para 2, 3, 4 and 5 as the moment he attempts to do so his wife’s side will raise objection on Jurisdiction r/w Family Court Act (S. 7) further r/w either S. 7 HMA or S. 28 SMA or Article 5 of the PC Code.

Colly. reasoning on my disagreement:-
In accordance with the Portuguese Family Law, which is applicable to this day in the UT of Goa follows the procedure under the provisions of the Portuguese Civil Code (referred to as the 'PC Code' in short). The Family Court is not a Court contemplated under the Portuguese Family Law which envisages a Court constituted under Portuguese Law. If a suit for divorce under Mutual Consent as advised by ld. @ Ajay Sethi to be instituted at Family Court in Goa then he has failed to appreciate that it is yet not a Court of domicile or a yet not a Court having jurisdiction over the place where the petitioner or respondent resides within the meaning of Article 5 of the Portuguese Family Law.......
If the marriage is registered under The Portuguese Laws then The Portuguese Family Law contains special provisions regarding dissolution of marriage with specific grounds under which a divorce can he granted which includes, adultery, conviction in a criminal case, ill-treatment or serious injuries, complete abandonment of conjugal domicile, incurable unsoundness of mind, de facto separation, contagious disease and so on.

1)based on the screen name of querist i have presumed that the querist is a hindu .

2)Section 2 of the Hindu Marriage Act extends the operation of the Act to the whole of  

India except Jammu and Kashmir and also applies to Hindus domiciled in the territories to which the Act extends who are outside the said territories. In other words, the provisions of the Hindu Marriage Act, 1955, would be applicable to the petitioner's case .in view of the existing laws which made the Civil Code and the laws relating to marriage applicable to all persons residing within the State of Goa. 

3)Sections 5 and 6 of the Goa, Daman & Diu (Administration) Act, 1962, indicate that the Central Government has the authority to extend enactments applicable to the rest of the country. 

4)Notwithstanding the fact that the marriage between the parties had been conducted in Goa, the same having been conducted under their personal laws and under Hindu rites and traditions,  dissolution of marriage would be governed by their personal laws . 

5) the querist has not mentioned whether marriage has  been registered or not . even if marriage has not been registered it would not be void . two Hindus, therefore, can contract a marriage according to Hindu religious rites or by way of a civil marriage

Dear Ajay Sir, 

Can you please share the respective provision under the Goa Civil Code, for mutual consent divorce and the place of filing of divorce. 

A lot of confusion prevails on this issue:

Please note the following queries:

1)Jurisdiction :  If marriage was solemnised and registered in Goa under  Goa's Civil Marriage Act  can Mutual consent divorce be obtained in Mumbai in Family Court. ??

The husband lives in Goa (before and after separation)

The wife lives in Mumbai (before and after separation)

The couple lived briefly in Goa after marriage after which the girl was assaulted and left from Goa never to return, Now she lives in Mumbai with her parents and has no means of residence in Goa, besides she is afraid to go back to goa for fear of physical harm.....

The wife works in Mumbai so she cannot attend the proceedings in Goa without disrupting her job.

PLEASE ADVISE !!!