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2019 Supreme(Bom) 1619

R.D.DHANUKA, PRITHVIRAJ K.CHAVAN
Elmas Fernandes – Appellant
Versus
State of Goa – Respondent


Advocates:
Advocate Appeared:
M.B. Dcosta, Karishma Betquecar, D. Lawande, A. Jamadar, Coelho Pereira, V. Braganza, B. Fernandes, Sudesh Usgaonkar, Rosette Pereira, Bhargav Khandeparkar, Amira Razaq.

JUDGMENT :

R.D. Dhanuka, J.

1. The petitioner in Writ Petition No. 351 of 2017 filed under Article 226 and 227 of the Constitution of India has prayed for striking down Article 19 of Decree No. 35461 as unconstitutional, illegal, null and void, for a declaration that the order passed by this Court upon request by the Patriarchal Tribunal and Metropolitan Tribunal (hereinafter referred to as ‘Tribunals’ for short) to enforce their decision, without revision or confirmation, and directing that an endorsement be made in the Books of the Civil Registration Office in the margin next to the entry of the Marriage Register is null and void.

2. The petitioner has also prayed for a declaration that the endorsement made by the Civil Registrar pursuant to the order passed under Article 91 of Decree No. 35461 cancelling the marriage registration is illegal, null and void. The petitioner has prayed for a writ of mandamus commanding the respondents to forbear from acting in pursuance of such order made by this Court or in pursuance to the endorsement made in the Marriage Register. Without prejudice to the aforesaid prayers, the petitioner has also prayed for passing and setting aside the decision of

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