Anand (CEO) 29 July 2014

To whom is goan property law after divorce applicable

I have a cousin who is married to a Goan christian and they are going through a divorce. She is Hindu. They were married in Bangalore and all through his life lived in Bangalore but his parents are of Goan origin. He acquired U.K. citizenship after their marriage but she is still Indian. He was not born and raised in Banglore. He is liberal and let her continue to practice Hinduism even participating in religious ceremony and she too participated in Christian ceremonies. But they are now divorced. Will Goa law on properties be applicable to him? He has properties in Goa, Bangalore and Chennai. Will properties in Chennai and Bangalore also come under this law? Does this law have anything to do with any religion? Request only experts with knowledge on the subject to respond.

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Tajobsindia (Senior Partner ) 29 July 2014

1. Under which Law they both got married in Bangalore?

2. You are in opening of your brief mentions 'going through divorce' and just after in 7th. line you mentions and I quote you 'but they are now divorced'. If these are the facts in hand then this brief does not need further reply as 'divorce' of parties already happened and a competent Court might have disposed the property issues if any with a Judgment !

Anand (CEO) 29 July 2014

Sorry for confusion. They are going through proceedings but divorce was granted in Bangalore. Litigation on properties just started. They got Married under Hindu Marriage Act as he had no problem saying he was Hindu and her parents insisted on Hindu Marriage. Divorce proceeding did not include property issues. Now she wants properties as she learned only now about Goan law that she can get 50% of his properties. Hard to believe.

Tajobsindia (Senior Partner ) 29 July 2014

1. First of all by way of ‘false’ representation both parties have sought divorce decree. This divorce is not a valid divorce. They could not file divorce suit under Hindu Marriage Act at all. Law is very clear; a Christian boy can marry a Hindu girl only under Special Marriage Act. He gave false representation in HMA divorce suit matter under 'religion' column of parties thus their divorce Decree is not valid decree between them.

2. It is a amusing case now. Hindu Marriage Act is not a laboratory that all religions cometh under it as per a party's 'convenience'.

3. If you are representing side of the boy (Christian) then he should approach concerned Court and cancel the Divorce Decree first stating error apparent on wrong legal advice on “religion’ received and the whole proceedings were inadvertent in nature. The moment he admits above the ‘property’ proceedings under Hindu Marriage Act will also get dismissed. Also Goan property laws does not piggy ride 'property' dispute under Hindu Marriage Act !proceedings !

4. The status after above proceedings will be of ‘no divorce’ of parties. They have to re-start under correct Personal Laws their ‘divorce’ first then as per their Personal Law ‘property’ issue question comes. Right now their divorce decree is not a valid decree so property contest happening between them is also not right in eyes of Laws.

Anand (CEO) 29 July 2014

Thank you sir. But they say, let sleeping dogs be. I am interested in the woman's side and she is my cousin, nothing else. Raising nullity of divorce will not be good for her. She has gone through enough. If we assume divorce is legal, can she get properties? What is Goan domicile or Goan citizenship? What does all this mean? To whom is it applicable?

Tajobsindia (Senior Partner ) 29 July 2014

Originally posted by : Anand
	I have a cousin who is married to a Goan christian and they are going through a divorce. She is Hindu. They were married in Bangalore and all through his life lived in Bangalore but his parents are of Goan origin. He acquired U.K. citizenship after their marriage but she is still Indian. He was not born and raised in Banglore. He is liberal and let her continue to practice Hinduism even participating in religious ceremony and she too participated in Christian ceremonies. But they are now divorced. Will Goa law on properties be applicable to him? He has properties in Goa, Bangalore and Chennai. Will properties in Chennai and Bangalore also come under this law? Does this law have anything to do with any religion? Request only experts with knowledge on the subject to respond.

Originally posted by : Anand
	Sorry for confusion. They are going through proceedings but divorce was granted in Bangalore. Litigation on properties just started. They got Married under Hindu Marriage Act as he had no problem saying he was Hindu and her parents insisted on Hindu Marriage. Divorce proceeding did not include property issues. Now she wants properties as she learned only now about Goan law that she can get 50% of his properties. Hard to believe.

Originally posted by : Anand
	Thank you sir. But they say, let sleeping dogs be. I am interested in the woman's side and she is my cousin, nothing else. Raising nullity of divorce will not be good for her. She has gone through enough. If we assume divorce is legal, can she get properties? What is Goan domicile or Goan citizenship? What does all this mean? To whom is it applicable?

I donot encourage ‘false’ representation, first get the divorce decree right.

Even if she has in past gone through enough that does not mean she and you will represent ‘falsely’ in Court just because she has eyes on his ‘properties’.

Your query shows to what length a metro wife is prepared to commit ‘fraud’ in divorce proceedings for ‘properties’.

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