ROBERT JOHN RYALLS Vs. STATE OF GOA

JUDGEMENT

(1.) By this Petition, the Petitioner has challenged the orders dated 17 August 2011 and 1 May 2013 passed by the Ministry of Home Affairs - Respondent no.3. The Petitioner has also sought that his 'Person of Indian Origin Card' issued to him by the High Commission of India in London, be returned to him.

(2.) The Respondent no.4 is an African National and the Petitioner is a British National. They were married on 29 December 1993 at Sheffield in United Kingdom. The marriage was registered in the office of the Marriage Registrar District of Sheffield in United Kingdom. Since the Respondent no.1 is holding a PIO (Person of Indian Origin) Card, being a spouse, the Petitioner was granted Person of Indian Origin Card. The Respondent no.4 filed an application on 15 May 2009 under Section 28 of the Special Marriages Act, 1982 in the Court of the Principal District and Sessions Judge, North Goa, for mutual divorce. The Respondent no.4 claimed that the Petitioner and the Respondent no.4 are living separately since the year 2005 and they did not wish to continue with the marriage. The learned Principal District Judge recorded the statements of the Petitioner and the Respondent no.4 granted Provisional Divorce, dated 13 January 2010, on the ground that the parties were residing separately and there was no possibility of reconciliation between them.

(3.) On 23 February 2011, the Respondent no.4 filed an application that provisional divorce granted on 13 January 2010 made absolute under Article 40 of the Law of Divorce and the final decree be published. Notice of the application was served on the Petitioner. The Petitioner filed reply stating that the Special Marriage Act was not extended to the State of Goa and the Court had no jurisdiction to pass the order dated 13 January 2010. The Petitioner also informed that he had withdrawn his consent.