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1995 Supreme(Bom) 25

E.S.DA SILVA, T.K.CHANDRASHEKHARA DAS
Joao Azavedo Vicente Paulo Fernandes – Appellant
Versus
Clara Rodrigues – Respondent


JUDGEMENT - Dr. E.S. DA SILVA, J. :---These three references which arise out of Decrees of Annulment sent by the Patriarchal Tribunal of Goa and Daman duly ratified by the Metropolitan Tribunal of the Archidocese of Bombay can be conveniently disposed of by common judgment since they raise the same questions of fact and law.

2. The references were made consequent upon the note dated 19th July, 1994, put up by the Special Officer in view of an earlier order passed by Kamat, J., on a similar note which is dated 26th April, 1994. By the aforesaid order, Kamat, J., directed that the subject-matter of the References required a fresh look and therefore whatever Decrees had come up to that time for execution should be forwarded to the office of the Registrar of Marriages as per the practice followed and no more until further orders.

3. The subject of the controversy is that under the prevailing law in this State, which is the successor of the former Union Territory of Goa, Daman and Diu, the Decrees of Annulment of the courts and Tribunals instituted under the Canon Law had to be sent to the Supreme Tribunal of the Apostolic Signature, Rome, for the purpose of its verification only and onc




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