PANAJI: The Supreme Court while allowing the plea made by one Ms Vinisha seeking transfer of divorce proceedings initiated by her husband, Mr Jitesh Tolani from the court of civil judge, senior division, at Vasco-da-Gama, Goa,

to the family court at Tis Hazari, Delhi, held that “two Hindus can contract a marriage according to Hindu religious rites or by way of a civil marriage”. 
“Notwithstanding the fact that the marriage between the parties had been conducted in Goa, the same having been conducted under their personal laws and under Hindu rites and traditions, we are satisfied that the claim of the petitioner is justified and there can be no difficulty in allowing the prayer of the petitioner,” observed the bench comprising of Mr Justice Altamas Kabir and Mr Justice Cyriac Joseph.  
It was also noted by the court that Section 2 of the Hindu Marriage Act extends the operation of the Act to the whole of India except Jammu and Kashmir and also applies to Hindus domiciled in the territories to which the Act extends and who are outside the said territories.
In other words, the court held that provisions of the Hindu Marriage Act, 1955, would be applicable to the petitioner’s case and can be heard by any court having jurisdiction within the territories to which it applies. 
In the present case, the marriage between the petitioner and the respondent was conducted in Goa according to Hindu rites and customs on October 25, 2007 and subsequently the marriage was registered on November 15, 2007, also at Goa. 
However, on April 18, 2008, the husband had filed a petition under Section 12 of the Hindu Marriage Act, 1955, for annulment of the marriage. 
It was submitted on behalf of the petitioner that having lived in Delhi for about 10 years, the petitioner has a circle of friends and acquaintances in Delhi to provide her support for contesting the annulment petition filed by the husband, which she would not be in a position to do in Goa, where she has no friends or acquaintances. 
On behalf of the respondent-husband it was contended that civil proceedings relating to marriage were governed by the Civil Code of 1867 which was in force in Goa and that as a result, the petition for annulment could only be tried in the state of Goa and not in any other state. 
The court while rejecting submission held that Sections 5 and 6 of the Goa, Daman & Diu (Administration) Act, 1962, indicate that the central government has the authority to extend enactments applicable to the rest of the country.  
“In other words, even if it were to be held that it is the customary law in Goa which would prevail over the personal law of the parties, the same could not be a bar to the transfer of the matter outside the state of Goa to any other state,” the court observed.