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2010 Supreme(SC) 378

ALTAMAS KABIR, CYRIAC JOSEPH
Vinisha Jitesh Tolani @ Manmeet Laghmani – Appellant
Versus
Jitesh Kishore Tolani – Respondent


Judgement Key Points

The petitioner wife filed a transfer petition under Section 25 of the Code of Civil Procedure seeking transfer of the husband's matrimonial petition for annulment of marriage (pending before the Civil Judge, Senior Division at Vasco-da-Gama, Goa) to a competent court in Delhi. (!) (!) [1000484600001] The marriage was solemnized between the parties on 25th October 2007 according to Hindu rites and registered civilly on 15th November 2007 before the Civil Registrar of Mormugao Taluka, Vasco-da-Gama, Goa; the wife, originally from Afghanistan with family ties and prior residence in Delhi, faced significant hardship contesting proceedings in Goa due to lack of local support, her residence in Delhi/UK, and ex-parte progress of the case despite her changed address.[1000484600001][1000484600002][1000484600003][1000484600004][1000484600005][1000484600006] The wife argued for transfer emphasizing her convenience, given her decade-long Delhi connections and matrimonial nature of proceedings favoring the wife's ease.[1000484600006][1000484600007] The husband opposed, contending that Goa's Civil Code (treating marriage as a civil contract) and family laws under the Goa, Daman & Diu Administration Act, 1962 (Sections 5-6) mandated exclusive jurisdiction in Goa courts for such matters, with unregistered religious marriages potentially void.[1000484600008] (!) (!) (!) [1000484600009][1000484600010] The Court rejected the husband's jurisdictional objections, holding that post-1946 decree, Hindu marriages by religious rites are valid in Goa; Section 2 of the Hindu Marriage Act, 1955 applies pan-India (except J&K) to Hindus including those domiciled there but litigating elsewhere; Central Government powers under Sections 5-6 of the 1962 Act enable extension of national laws; and even under private international law principles, personal laws govern dissolution irrespective of domicile or marriage location in Goa when performed under Hindu rites.[1000484600011][1000484600012][1000484600013] The transfer petition was allowed, directing the Goa matrimonial petition to the Family Court at Tis Hazari, Delhi for disposal; the husband's related criminal transfer petition was dismissed.[1000484600014][1000484600015] (!)


JUDGMENT

Altamas Kabir, J. —

1.This is a petition filed by the wife of the respondent under Section 25 of the Code of Civil Procedure for transfer of Matrimonial Petition No.9 of 2008 pending before the Civil Judge, Senior Division, at Vasco-da-Gama, Goa, to a Court of competent jurisdiction in Delhi.

2.The case of the petitioner is that she is a Sikh by religion and was born in Kabul in Afghanistan on 16th October, 1984. Till January, 1998, she pursued her primary education in Afghanistan. Her family shifted to Delhi in the month of February, 1988, where she continued to live with her grandparents. She thereafter continued her studies at the Guru Harkrishan Public School, Nanak Piao, Rana Pratap Bagh, Delhi, and continued her education there till 1999.

3.The petitioner’s father who had stayed behind in Kabul on account of his business commitments till 1992, finally shifted to London where he was granted Afghan Refugee Asylum by the United Kingdom. In May, 2001, the petitioner also migrated to United Kingdom where her parents had been given British Nationality.

4.While in the United Kingdom, the petitioner started her own business and was self-employed and independent till she got marr
















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