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Bombay HC At Goa Strikes Down Article 19 Of Portuguese Law As Ultra Vires To The Constitution Of India
06 Dec 2019 02:09 pm
The Bombay High Court at Goa has struck down Article 19 of the Decree Law No.35461 enacted to give recognition to judgments and annulments of marriage with respect to Catholics by Patriarchal Tribunal and Metropolitan Tribunal, as unconstitutional and ultra-vires to Articles 14 and 21 of the Constitution of India.
Division bench of Justice RD Dhanuka and Justice Prithviraj K Chavan in a 95-page judgement held that Article 19 of the Canon law, put restrictions on power of review by the High Court under Articles 226 and 227 of the constitution, which is ultra vires to the constitution as the same can only be done through an amendment.
Case Background
Court was hearing two separate writ petitions wherein orders passed by the Patriarchal Tribunal cancelling the marriage of parties involved were challenged.
The said article was enacted as law by the said Decree No.35461 on July 25, 1940, in order to confer legal sanctity to canonical marriages and the provisions of Article 19, is one such provision which was incorporated in order to give legal effect to the annulment of marriages as effected under canon law by such Tribunals.
Note: Canon Law is a system of laws and legal principles enforced by the Catholic church and its authorities.
Catholic marriages performed as per the canon law cannot be annulled or declared null and void marriage by civil courts in the State of Goa.
Senior Advocate MB D'Costa appeared on behalf of the petitioner in the first case, Bhargav Khandeparkar for petitioner in the second writ petition, Senior Advocate Coelho Pereira for the Patriarchal Tribunal and Advocate General D Lawande for the State.
