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2008 Supreme(Kar) 164

ANAND BYRAREDDY
Saeesh Subhash Hegde S/o Late Subhash Rayu Hegde – Appellant
Versus
Darshana Saeesh Hegde – Respondent


Advocates appearing for:
Petitioner: Sri Vijaykumar A. Patil, Santosh S. Nagarale and Madhukar M. Deshpande, Advs.
Respondents: Sri N. Ravindranath Kamath, Adv.

ORDER

Anand Byrareddy, J.,

1. Heard the Counsel for the petitioner and the Counsel for the respondent.

2. The brief facts of the case are as follows:

The petitioner is a Goan, born of Goan parents, and had married the respondent on 26.12.2002 in accordance with the Portuguese Family Law, which is applicable to this day in the State of Goa, following the procedure under the provisions of the Portuguese Civil Code (hereinafter referred to as the ‘PC Code’). In proof of the same, the petitioner has produced a Marriage Certificate issued by the Office of Civil Registration Offices of Goa dated 13.7.2006.

3. The petitioner and respondent had met in Belgaum when they were students of Gogte Institute of Technology in the year 1998. They were classmates. It is contended that they had fallen in love and decided to get married secretly in Goa, as the respondent did not expect her parents to consent to their marriage. And the respondent, according to the petitioner, had gone over to Goa on 31.12.2002 to give the joint declaration in the office of the Sub-Registrar, Margao and again on 26.12.2002, for the solemnisation of marriage. On both days, she had returned to Belgaum on the same day to a














































































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