Critical Study of Personal Laws of State Of

8/3/2019 Critical Study of Personal Laws of State Of

1/12

Click to edit Master subtitle style

5/4/12Critical Study of Personal Laws

of State of Goa

5/4/12

11


2/12

5/4/12Introduction

Family Laws of Goa Consist of provisions from

the Portuguese Civil Code of 1867, Law ofMarriage of 1910, Laws of Divorce of 1910,and Decree of 1945 applied to Colonies basedon some other provisions as amended up to

1961.

5/4/12

22


3/12

5/4/12Continued.

Compared to most of the other Personal Lawsof India, the Family Laws of Goa are moresuitable to the present age.

However, there are problems with the laws incertain areas, and there is a need for reformsto suit to the changing attitudes, family life

styles etc.

Besides, the Family Laws of Goa areinteresting from Indian viewpoint for a

Comparative research as they are based on

5/4/12

33


4/12

5/4/12Cont.

in a great number of homes and in theacademic arena, as a direct result of theIndian governments decision to dispense withthe Portuguese system of education following

the conquest of 1961, the Portugueselanguage has increasingly been replaced byMarathi, Konkani and/or English.

while this transformation has been welcomedby many native Goans, it has also created aneducational vacuum which is most noticeablein the realm of Law.

5/4/12

44


5/12

5/4/12Codified system of law

Perhaps the most valuable living legacy left in

Goa by the Portuguese is a codified system ofLaw: the Portuguese Civil Code of 1867 andthe Code of Civil Procedure of 1939, whichencompass the entire spectrum of Civil Law.

5/4/12

55


6/12

5/4/12Substantive Changes in Family laws

With the replacement of the monarchy by theRepublic in Portugal, substantive changeswere introduced in the area of Family Laws.Changes like:

The performance of marriage before the Officeof Civil Registration was made compulsoryand only those registered in this way wereconsidered valid under the Law.

For the first time, provisions were madepermitting divorce.

These laws were applied uniformly to all

sections of society and were in force in Goa in1961.

5/4/12

66


7/12

5/4/12Continued.

In 1962, an enactment of the IndianParliament, the Goa, Daman and DiuAdministration Act, provisionally keptPortuguese civil laws in force in Goa until or

unless repealed by the Legislature or anothercompetent authority.

But with the passing of a number of otherParliamentary Acts pertaining to legislation in

areas such as Contracts, Transfer of Property,Easement Rights, Registration and soforth, the corresponding provisions in theCivil Code of Goa have been superseded.

Only those provisions in the Civil Code

5/4/12

77


8/12

5/4/12MARRIAGE UNDER GOAN LAW

Marriage laws differ for those opting to marryoutside the Catholic Church, those who opt fora Catholic Church marriage and for non-Catholics as a whole.

Canonical marriages refer to those undergonethrough the Church. All parties have tocompulsorily register their intent to marry atthe civil registry.

Catholics can also opt for the civil form ofmarriage, instead of a canonical marriage.But, in practise, it is not that simple, due tosocietal and other pressures

Couples marrying under this provision are

5/4/12

88


9/12

5/4/12DIVORCE PROVISIONS

Divorce is governed on the basis of what lawone is married under. Thus, the claim touniformity is again belied.

Divorce is not permitted under the Canon Lawof the Church. By the same 1946 decree andagreement between the Catholic Church andthe Portuguese State, Catholics marryingunder Canon Law were thus excluded from the

divorce provisions under civil law.

In 1974, the provision of the 1946 MarriageDecree denying divorce was judicially struckdown for being ultra vires of the Indian

Constitution. The judicial verdict has still not

5/4/12

99


10/12

5/4/12Critical Analysis

Some provisions of the Goa Family Laws areundoubtedly favourable to women. But thisshould in no way prevent a discussion aboutwhether the laws are at all uniform, and what

could be done to make them better.

All laws reflect the thinking and ideology of

the law-makers of their times. One cannotview the currently-prevailing laws in isolationfrom the conservative outlook of the rulers ofcolonial Portugal who framed or amended thelaw.

5/4/12

1010


11/12

5/4/12Continued.

Due to certain reasons not excluding the

possibility that the current laws are favouredbecause of the tax-benefits they offer toaffluent sections the Goa Family Laws havecome to be widely regarded as uniform and

common. This has unfortunately prevented acloser scrutiny of the same.

5/4/12

1111


12/12

5/4/12

THANK YOU !!!

5/4/12

1212

Critical Study of Personal Laws of State Of

Documents

Transcript of Critical Study of Personal Laws of State Of