Bombay HC observed that merely because the proceedings are conducted in Mumbai, it will not affect the applicability of personal laws or the Special Civil Laws, which are applicable to persons of Goan origin
In an important order, the Bombay High Court on Thursday transferred a matrimonial case, filed by a sitting MLA from Goa against his wife to the Bandra family court from the Mapusa court. The court observed that merely because the proceedings are conducted in Mumbai, it will not affect the applicability of personal laws or the Special Civil Laws, which are applicable to persons of Goan origin.
The husband had challenged the transfer plea on the grounds that the matrimonial petition was filed before the Mapusa court, under Article 137, 138 and 141 of the Portuguese Civil Code, as applicable in Goa. A plea filed by the wife at the Principal Bench of the Bombay High court, seeking transfer cannot be entertained as a bench of the High court is at Panaji, Goa.
While referring to Supreme Court judgments on similar issues, the court held that since the Bombay High Court, is a common HC for Maharashtra and Goa, it can transfer matters from lower courts in Goa, as it does from its benches in Nagpur and Aurangabad.
The court directed the Mapusa court to transfer the matrimonial case papers to the Bandra family court. The husband has filed the proceedings after the women left her house along with her minor daughter, alleging serious threat to their lives from her husband. She had sought transfer of the proceedings from Goa to Mumbai, fearing physical harm and also because her husband is an influential person.
PERSONAL LAW
Bombay High Court observed that merely because the proceedings are conducted in Mumbai, it will not affect the applicability of personal laws or the Special Civil Laws, which are applicable to persons of Goan origin.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Court")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}