• Location for filing Divorce - Mumbai or Goa

Hi,

My Husband is a Goan and ancestorial home is in Goa. He is working in Abu Dhabi and is a NRI.
I was born and brought up in Mumbai and is residing in Mumbai itself with Domicile/ Birth Cert / School, College Cert etc from Mumbai.
We got married in May 2023 and registered the Court marriage in Goa along with Christian marriage in church at Goa (We are both Catholics)
Post this I shifted to Abu Dhabi along with my husband. 
I have shifted back to Mumbai in Nov 2023 and am living separated from my husband.
Now we have come to a mutual agreement to divorce and annul the marriage. 

Presently I have shifted back to Mumbai and am presently being treated for depression in Mumbai and I would prefer to get the divorce proceedings from Mumbai itself. 
However, my husbands relatives are pushing for me to do the proceedings in Goa, even though my husband is working in Abu Dhabi, and is saying that the divorce proceedings can Only be done in Goa itself, since we did Court and Church marriage in Goa.

In addition, my wedding Gold(which me and my parents has made for me) is still in Goa in his parents residence.

I would like to know, if by Law, do I have the right to select Mumbai as the area to conduct the Divorce proceedings. If so, by what clause of Marriage Law am I entitled to get the proceedings done in Mumbai. 
And what is my right to claim form my wedding gold back, can I get it before the divorce proceedings or only after court proceedings.
Approximately how long does it take for divorce proceedings in court.

Appreciate all your legal advices in advance.
Asked 6 months ago in Family Law
Religion: Christian

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11 Answers

Mutual consent divorce takes 6 months 

 

2) you can file petition for divorce in Mumbai or Goa 

 

3) you are entitled to return of your gold lying in your husband residence in Goa 

 

3) section 31 of special marriage act 

 

1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose jurisdiction the marriage was solemnized or the husband and wife reside or last resided together.

 

2) 

Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.

 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Hello 

the divorce proceedings will take place in Goa as the marriage is registered in Goa and as per the provisions of the Indian Divorce Act.


further the divorce procedure is different in Maharashtra and Goa. 

look for a proper lawyer to guide you with the divorce procedure 

Uma Vyavaharkar-Acharya
Advocate, Mumbai
69 Answers
2 Consultations

Dear Ma'am, 

To answer your specific Questions 

Firstly,  Yes you have a right to select Mumbai as the area to conduct the Divorce proceedings as you are presently residing at Mumbai . Both Mumbai and goa are having jurisdiction. 

Goa has jurisdiction as you had married there, but there is absolutely no compulsion and you can choose to consider it as a secondary option if it seems inconvenient. 

For filing in Mumbai - You will need to provide a valid address proof to prove that you (petitioner) are living in Mumbai and are having jurisdiction of Mumbai to file a divorce case . Your Documents should have a  Mumbai address such as (any one document is required )- voter Id, aadhar card , passport , gas connection bill are considered valid documents to file case in Mumbai . 

Secondly - You have a right to ask your wedding gold prior to signing divorce papers if in-laws are on good terms . Otherside usually gold is kept as last part of exchange on the last day of final court settlement in front of judge.

Pls ensure to make note of gold(in grams) is with in-laws and will be  exchanged on final decree day in ur divorce papers to avoid any problems. 

Certain other clauses are also important to mention in divorce proceedings which I could discuss better if I had more details of your case for which I will be at your service if required. 

Mutual divorce is the quickest and simplest way to get a  divorce and usually has a 6 months cooling off period which can be waived off by convincing the judge  to fast track the case. 

Warm regards. Wishing you good luck . 

Harshita Shah
Advocate, Bangalore
29 Answers

You can file the divorce case in Mumbai itself even though the marriage was solemnised in Goa. 

They cannot force you to file the divorce case in Goa when you have legal options to file the same in Mumbai.

You may also impose the condition to return your gold ornaments held by them in their possession besides your other valuable articles lying in their home and you can sign the papers after that. 

If it is a mutual consent divorce you can get the case disposed within six months from the date of filing.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Dear Client, 

Under the Indian Divorce Act, 1869, you have the right to initiate divorce complaints in Mumbai. According to Section 3 of the Act, divorce proceedings can be initiated within the following places:
 -Where the marriage was solemnised,
 -Where the respondent (your husband) resides,
-Where did you both finally live together?
-Where are you (the petitioner) living, in particular if the respondent is living outside India or isn't traceable?

Since you are presently residing in Mumbai and your husband is working in Abu Dhabi, you are entitled to file for divorce in Mumbai. This provision helps the petitioner’s right to record of their cutting-edge location of residence if the respondent is abroad.

Regarding your wedding gold, you have the right to assert your personal property at any time. This may be performed independently of the divorce court cases. Here’s how you can proceed:
1. Formal Request: Send a proper letter on your husband and his circle of relatives soliciting for the return of your gold.
2. Police Complaint: If they decline, you can document a complaint with the police for the return of your streedhan (woman's belongings), which includes all jewellery and items acquired during the wedding.
Legal Rights and Timelines
Legal Rights:
1. Jurisdiction: You can document for divorce in Mumbai in keeping with the Indian Divorce Act, 1869.
2. Streedhan: You are entitled to your wedding gold and other non-public property, which have to be returned upon request.

Coming to the timeline for divorce can vary. In instances of mutual consent divorce under the Indian Divorce Act, it generally takes around 6 to 18 months. If the divorce is contested, it could take longer due to court hearings and capacity appeals.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

- Since, your parental home is in Mumbai and having all the proofs , then the petition can be filed in Mumbai , and they cannot force you to file the same in Goa on the ground of registration of marriage. 

- Further, as you are going for mutual divorce then you can claim all the belongings from them in Mumbai , and it is their duty to brought all your belongings in Mumbai. 

- Further, Section 10 A provides for the dissolution of marriage by mutual consent under the Christian Marriage Act, however two years of separation before applying for a divorce under Christian law.

- This 2 years can be waived to one year under special circumstances. 

- The divorce proceeding will take maximum 4 to 6 months. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

The marriage certificate issued by the authority concerned is the valid proof for establishing the marriage between the parties.

Now as per law, the divorce case can be filed in the jurisdiction as already stated, i.e., in the place of marriage or in the place where both the parties last resided together or where the wife is currently residing.

 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Dear Client,

The civil marriage will not affect your right to file for divorce (detailed reasons and steps are mentioned above). Also, yes, you can file for divorce in the Mumbai Court, as you have the right to petition for divorce in Mumbai because you currently reside there while your spouse works in Abu Dhabi. 

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

Article 5 of the Law of Divorce, Chapter-II, on dissolution of marriage pertaining to Portuguese Family Laws, docs provide that a suit for divorce shall be instituted either in the Court of Domicile or in the Court having jurisdiction over the place where the plaintiff resides.

2) suit for divorce by parties governed by the Portuguese Family Law within the State of Goa can file tire same in the Court of domicile within Goa or in the Court having jurisdiction over the place where the. plaintiff resides (also within the State of Goa) It cannot be construed that a plaintiff who is residing outside the State of Goa could also file a suit or petition for divorce without the State of Goa, as in the present case, in a place where he or she is residing, outside Goa, The Courts, in the rest of India, would have no jurisdiction to entertain a suit (petition) under the Provisions of the Portuguese Family Law pertaining to divorce.

 

3) file for divorce in Goa only 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Yes you are eligible to file divorce in Mumbai as you are presently living there. 

You will need to have valid address proof to provide that's it . 

Harshita Shah
Advocate, Bangalore
29 Answers

- Since  you are residing in Mumbai with your parents , then you can file the divorce petition in Mumbai as well, and the Civil marriage in Goa will have no effect on it. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

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