JUDGEMENT :- These two appeals involve one common question of law and are therefore disposed of by this common judgment. The short point for my determination is whether Art. 4 of Decree No. 35, 461 (hereinafter for brevity sake referred to as "Art. 4") is ultra vires the Constitution and is therefore null and void and inoperative in law.

2. The question arises from the dismissal of two suits for divorce. The parties are Roman Catholics. The lower courts held that in view of "Art. 4" the courts had no jurisdiction to grant divorce to the parties. The arguments of Shri Usgaokar, learned advocate for the appellants, in both the cases, are as follows :-

That admittedly the law of this territory from 3-11-1910 was that every citizen of this territory was entitled to get a divorce without distinction of any caste or religion provided that the condition of clause 4 of the Decree dated 3-11-1910 was satisfied; that it is not disputed in the present case that the condition of clause 4 of Art. 4 of the Decree of 3-11-1910 is in force in this territory in view of the Goa, Daman and Diu Administration Act; that "Art. 4" creates a discrimination based on religion between two citizens similarly si

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