The Hindu : Karnataka / Bangalore News : Hindu Marriage Act will not apply to marriages under Portuguese law: court

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Saturday, Mar 08, 2008
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Karnataka

Karnataka - Bangalore

Hindu Marriage Act will not apply to marriages under Portuguese law: court

Staff Reporter

BANGALORE: The Karnataka High Court on Thursday held that the provisions of the Hindu Marriage Act would not apply to families in Goa if the marriages were registered according to the Portuguese law.

The court was dealing with a petition by Saeesh Subash Hegde of Margao, who had challenged an order of a family court in Belgaum. The petitioner said on December 26, 2002, he married Darshana of Belgaum. The marriage was solemnised before the Sub-registrar of Belgaum and subsequently registered in Goa under the Portuguese law.

On December 13, 2005, Ms. Darshana returned to her mother’s house in Belgaum. She then filed a case for separation in a family court in Belgaum. The court issued notices to Mr. Hegde and asked him to reply.

Mr. Hegde wrote to the court stating that his marriage was not governed by the Hindu Marriage Act, but by the Portuguese Act.

The court, however, rejected his contention, stating that the Hindu Marriage Act was applicable throughout the country. Mr. Hegde then filed an appeal in the High Court against the family court order. Justice Anand Byrareddy allowed the petition and quashed the family court order.

He said the Portuguese family law would apply to Mr. Hegde’s family and the court having jurisdiction over this (in Goa) would be the court of domicile.

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