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Sumita Singh vs Kumar Sanjay And Anr. on 26 February, 2001

8. Mr. Sharma submitted that this was a fit case where an order for transfer, as prayed for, was required to be made in keeping with the decision of this Court in Sumita Singh vs. Kumar Sanjay [(2001) 10 SCC 41]. In the said decision, it was held that 8 since it was a matrimonial proceeding instituted by the husband against the wife, the convenience of the wife had to be considered in contesting the suit and, accordingly, the matrimonial proceedings ought to be transferred to Delhi, where the wife was residing. Mr. Sharma submitted that this was a case where the facts are more or less similar and hence the transfer petition was liable to be allowed.
Supreme Court of India Cites 0 - Cited by 5406 - S P Bharucha - Full Document

Monica Daniel vs Danial Thomas And Others on 15 April, 2009

11. Relying on Shri M.S. Usgaocar's book on Family Laws of Goa, Daman & Diu, Ms. Aggarwal submitted that family law in Goa treats the law of marriage as a civil contract. It was pointed out that Article 3 of the Chapter on Civil Marriage and its solemnization provides that all Portuguese shall solemnize their marriage before the respective officers of Civil Registration, under the conditions and in the manner established in civil law, and only such marriage would be valid. Ms. Aggarwal contended that having regard to the provisions of the Civil Code as prevalent in Goa, the pending proceedings could only be heard and disposed of within the State of Goa. Reference was made by Ms. Aggarwal to a decision of the Bombay High Court in LPA No.31 of 1998, Monica Variato vs. Thomas Variato [(2000) 2 Goa L.T. 149], in which it was held that the Special Marriage Act, 1954, did 1 not have any application in the State of Goa since the same had not been extended to the State of Goa. It was ultimately held that even applying the provisions of Private International Law and bearing in mind the various personal laws in the country, it would be the Civil Court exercising jurisdiction in divorce matters in the State of Goa that could hear and decide the petition. Ms. Aggarwal, therefore, urged that it is only the Civil Court in Goa which would have the jurisdiction to try matrimonial disputes and no other Court would have jurisdiction in that regard. Accordingly, the transfer petition had to fail and the annulment petition would have to be heard within the State of Goa.
Kerala High Court Cites 3 - Cited by 2 - K Joseph - Full Document
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