Portuguese Uniform Civil Code in Goa

400 years of Portuguese rule have left a permanent impression on Goa. The most valuable living heritage left in Goa by the Portuguese is a codified system of Law:  the Portuguese Civil Code of 1867 and the Code of Civil Procedure of 1939, which encompass the entire spectrum of Civil Law.  

One Marriage Law for All Communities

Marriages in Goa are compulsorily registered. Only a civil registration of marriages in Goa is accepted as evidence of the marriage. The Law of Marriage in Goa treats a Marriage as a CIVIL CONTRACT, solemnized between two persons or different sex, with the purpose of legitimately constituting a family. Any boy who is 21 years of age or more and any girl, who is 18 years of age or more, can enter into a marriage. A person who has previously married and the marriage is not dissolved, cannot marry again.

In 1910, with the replacement of the monarchy by the Republic in Portugal, substantive changes were introduced in the area of Family Laws.  The performance of marriage before the Office of Civil Registration was made compulsory and only those registered in this way were considered valid under the Law.  For the first time, provisions were made permitting divorce.  These laws were applied uniformly to all sections of society and were in force in Goa in 1961.

India Continues with Portuguese Civil Code

In 1962, an enactment of the Indian Parliament, the Goa, Daman and Diu Administration Act, provisionally kept Portuguese civil laws in force in Goa until or unless repealed by the Legislature or another competent authority.  

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