Although Sanjay Dutt’s marriage with Maanyata stands aborted, speculations were rife over why the couple chose Goa as their place to exchange vows of togetherness.
Although Sanjay Dutt’s marriage with Maanyata stands aborted, speculations were rife over why the couple chose Goa as their place to exchange vows of togetherness.
Interestingly, for those planning their big day, Goa may have more than just romantic beaches on offer.
Goa, the only state with a uniform civil code, is governed by Codigo Civil Portugues or the Portuguese Civil Code (PCC), 1867. Under the provisions of the Communion of Assets Law, the wife has equal ownership of her husband’s property.
The PCC mandates the registration of a marriage to check polygamy, making stringent provisions for divorce, equal sharing of property between husband and wife and among sons and daughters.
Under Article 1108, the property — both movable and immovable — is divided equally between the husband and the wife, with each getting 50 % of it in case of divorce.
“If you do not specify anything at the time of marriage, the property will be equally divided at the time of divorce. It will be assumed that what belongs to the husband also belongs to the wife and vice versa” said Edwin Furtado, a practising advocate at the Goa bench of the Bombay High Court. He added, “In marriages under other Acts, the distribution of property can be battled out in court.”
However, a pre-nuptial agreement defining what each spouse could claim as his or hers at the time of divorce can be drawn between the couple. Another alternative is a combination of communion and separation of assets under which whatever is acquired or earned before marriage is held separately while what is obtained after marriage is held in common.
“The regime of property has to be declared at the time of marriage or else the property will have to be divided equally between the husband and the wife. A six-month stay in Goa by either of the spouses is mandatory in order to register a marriage there,” said Jamshed Mistry, a practising advocate in the Bombay High Court and its bench at Goa.
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