AIR 1967 GOA, DAMAN AND DIU 113

Goa, Daman and Diu Judicial Commissioner's Court

Hon'ble Judge(s): R. S. Bindra, Alvaro Dias , JJ

(A) Civil P.C. (5 of 1908) , S.13— Roman Catholic marriage solemnized in Goa - Husband securing divorce decree from foreign Court - Enforceability of such decree. Portuguese Civil Procedure Code (1860) , S.1102 Cl.6— Goa, Daman and Diu (Administration) Ordinance (1962) , S.4— Contract Act (9 of 1872) , S.23— Where a husband secures a divorce decree from a foreign court in respect of his Roman Catholic marriage solemnized in Goa, such a decree cannot be confirmed, since such a marriage is indissoluble in view of S. 4 of Decree No. 35461 dated 22-1-1946.(Para 11) The Decree No. 35461 dated 22-1-1946, placed on the statute book following a treaty dated 7-5-1940 between the Portuguese Government and Holy See, is valid and operative in Goa, Daman and Diu. It cannot therefore, be argued that with the liberation of Goa, Daman and Diu, the Decree of 1946 lapsed because it was founded on the treaty of 1940 to which India was not a party and that the Decree dated 3-11-1910 which had been abrogated in 1946, had been revived without there being any legislation to that effect.(Para 8 11) Section 1102, Cl. 6 of Portuguese Civil Code applies with full force in Goa, Daman and Diu in view of S. 4 of Goa, Daman and Diu (Administration) Ordinance.(Para 7) ....