Christian personal law

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Christian personal law or

Goa civil code[2]
(also called the Goa Family Law) is the set of civil laws that regulate the residents of the Indian state of Goa. In India as a whole, there are religion-specific civil codes that separately govern adherents of different religions. Goa is an exception to that rule in that a single secular code governs all Goans, irrespective of religion, ethnicity or linguistic affiliation.

Adoption

Christians in India can adopt children by resorting to section 41 of the Juvenile Justice (Care and Protection of Children) Act of 2006 and the guidelines and rules issued by various state governments.

Divorce

Both husband and wife can seek a divorce on the grounds of:

  1. Adultery
  2. Cruelty
  3. Desertion for more than seven years
  4. Insanity for more than two years
  5. Incurable leprosy for more than two years
  6. Conversion to another religion
  7. Willful refusal to
    consummate
    the marriage
  8. Not being heard from for 7 years
  9. Venereal disease
    in communicable form for two years
  10. Failure to obey the order for restitution of conjugal rights

However, the wife can additionally sue for divorce on the grounds of:

  1. Rape
  2. Sodomy
  3. Bestiality
  4. Incest

Guardianship

Christians in India are governed generally by the provisions of the Guardians and Wards Act (Central Act No 8 of 1890). It deals with matters relating to guardianship of minors in respect to their person and property.

Marriage

Christian marriage in India is regulated by the

Travancore-Cochin, Manipur and Jammu and Kashmir. Therefore, the act does not apply to marriages of Christians solemnised in the territories of the former states of Travancore and Cochin which now form part of Kerala
.

The

personal law
prevail there.

Succession

The Indian Succession Act of 1865 was comprehensively amended and consolidated by the Indian Succession Act of 1925. Neither the Indian Succession Act of 1865 nor the Act of 1925 was to apply to Christians in India.

See also

References

  1. ISBN 978-81-7100-592-5
    .
  2. ^ "Goa's Civil Code". mmascgoa.tripod.com.
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