LAWS(BOM)-2019-10-70

ELMAS FERNANDES Vs. STATE OF GOA

Decided On October 15, 2019
Elmas Fernandes Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(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 Patriarchal Tribunal and of the Metropolitan Tribunal, Exhibit P-2 collectively.

(3.) Insofar as Writ Petition No.691 of 2013 is concerned, the petitioner has filed this writ petition under Article 226 and 227 of the Constitution of India inter-alia praying for a writ of certiorari and for quashing and setting aside the order of Patriarchal Tribunal of Archdiocese of Goa and Daman dated 22nd March, 2012 for declaring Article 19 of the Decree No.35461 as unconstitutional and null and void. The petitioner has also prayed for a declaration that the marriage between the petitioner and the respondent no.1 is valid, for a direction against the Registrar of Civil Marriages to cancel the endorsement of nullity in the Book of Registration of Marriages. By consent of both the parties, these petitions were heard together finally and are being disposed of by a common judgment.