Proposed Amendments by Government
To substitute the definition of 'Desertion' given in Section 2 of the proposed
To substitute the 'ground of nullity' of marriage given in Section 24 (1)(b) of
Section 38 : Adulterer or adulteress to be correspondent to be substituted.
Suggested Amendments by NCW
Section 2: - 'Desertion means the withdrawal from cohabitation with the
petitioner of other party to the marriage without reasonable cause and without
the consent or against the will of such party and included the willful neglect
of the petitioner by the other party to the marriage'.
Section 24 (1)(b): 'That the respondent was important at the time of the
marriage and at the time of the institution of the suit.'
To add the following provision as one of the grounds for nullity of marriage -
'that one of the spouses has been proved on medical examination to be suffering
from any incurable genetic disorders inhibiting the consummation of the
Delete the entire Section 40 which provides for decree nisi for divorce.
However, the following consequential manedments would need to be made:
In Section 31 - Remarriage of divorced persons i) ' The word has been made
absolute under Section 40 or a decree of divorce has been passed under Section
21' should be deleted and would read as ' Where a decree of divorce has been
passed and the leave for appealing ����.', ii) In Section 28 - ' No petition
for divorce to be presented within one year of marriage - ' the word 'nisi'
shall be deleted and Section 28 would read as ����'Provided���but any such
leave may, in the interest of justice be revoked by the court any time before a
decree of divorce is passed and where the leave is���
: Maintenance pendente lite and expenses of proceedings and Section 43:
Permanent alimony and maintenance. 'The commission reiterated its earlier
suggestions in respect of Section 125 of Cr. P.C.
The Commission reserves its comments on Section 44: Disposal of property - at
it would like to examine it in terms of the provisions in the laws in force in
Goa. As provision for properties acquired by wife or husband after decree of
judicial separation was not available in Government Draft, the following
provisions may be incorporated - 'Properties acquired by the wife or husband
after decree of judicial separation - 'i) In every case of judicial separation
under this Act, the wife/husband shall from the date of the judgement and while
the separation continues e considered as unmarried with respect to property of
every description which she / he may acquire or which may come to or devolve
upon her/him; ii) Such property may be disposed by her/him in all respect as an
unmarried women/man and on her/his demise the same shall in case she/he dies,
intestate, go as the same would have gone if her/his husband/wife had been the
dead. Provided that if any such wife/husband again cohabits with his/her
wife/husband, all such property as she / he may be entitled to when such
cohabitation takes place shall be held to agreement in writing made between the
parties while separate.
: The provision of 'Adulterer or adulteress to be substituted as follows - On a
petition for divorce or judicial separation presented on the ground of
adultery, the petitioner shall make the alleged adulterer or adulteress a
co-respondent, unless the petitioner is excused by the court from so doing on
any of the following grounds viz., a) that the respondent is living in adultery
and that the petitioner knows of no person with whom the adultery has been
committed; ii) that the name of alleged adulterer or adulteress is unknown to
the petitioner although the petitioner has made due efforts to discover it;,
iii)that the alleged adulterer or adulteress is dead; iv) any other ground
which the Court may regard to be sufficient in the circumstances of the case.
Explanation: The provisions of sub-section (1) shall so far as may be apply in
relation to the answer of respondent praying for divorce or judicial separation
on the ground of adultery, as they apply in relation to petition for divorce or
judicial separation presented on that ground.