ANTONIO FERDINO VARELA Vs. THERESA MARIA ANGELA VARELA

JUDGEMENT

(1.) Heard Shri M.B. Da Costa, the learned Senior Counsel and perused the submissions in writing filed by him. Learned Counsel Shri Bras De Sa has endorsed the said submissions, and learned Counsel Mrs. Agni has not expressed a different view, either.

(2.) The submissions do not make any reference either to Section 20A of the Goa Civil Courts Act, 1965 which came in force from 17/09/2009 or to the judgment of this Court in the case of Octaviano Teogono Alcacoas V/s. Rosa Milagrina A.,2005 SUPP BCR 67. These appeals arise from suits filed before the Court of Civil Judge, Senior Division and the suit in first appeal was valued at Rs.25,000/-, in second appeal for Rs.1,10,000/- and in the third appeal at Rs.1,00,100/- for the purpose of jurisdiction and a Court fee of Rs.25/- was paid, in each. These appeals have been filed either granting or refusing to grant divorce under Article 4(4) of the law of divorce. The first two appeals were pending before this Court as on the date when the said Section 20A came into force. Section 20A reads as follows:

(3.) It is not the case of any of the parties that the Law of Divorce provides a statutory appeal to this Court. In fact it is their case that it does not. The Legislature is presumed to know the laws in force in this State and judicial decisions. Therefore, two of the appeals have to go to the District Court by the sweep of the Legislative fiat of Section 20A.