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2006 Supreme(Bom) 1870

P.V.KAKADE
Avertano Paul Souza-Fernande alias – Appellant
Versus
Clarina Miranda Dias – Respondent


KAKADE P.V., J.: - Heard the learned Counsel for the appellant. None appears for the respondents.

2.This is an appeal aimed against the judgment and order passed by the Comarca Judge of Salcete and Quepem at Margao rejecting the application of third party to intervene in the Inventory Proceedings.

3.The applicant submitted before the lower Court that the said inventory Proceedings were initiated by the Inveterate Smt. Clarina Miranda Dias and the Court had appointed the said person as Cabeca de Casal. The applicant sought to make out the case that he was married to Sushil L. Dias, daughter of the Estate leaver on 14/9/1986 and the marriage subsisted till 7/2/1991, when the applicant got a decree of divorce against the said Sushila Dias under Article 4(4) of the Law of Divorce. Therefore, he prayed that he be added as interested party to the Inventory Proceedings.

4. The factual matrix was that the marriage between Sushila L. Dias and Avert no Fernandez was solemnized in Bombay and was not registered in Goa. Hence, the custom of communion of assets would not apply to the marriage celebrated under the Special Marriage Act in Bombay. This being so, the application was opposed submitting



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