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Time of India
a day ago
- General
- Time of India
HC quashes 2 maintenance cases under sr citizens act
Panaji: The high court of Bombay at Goa quashed and set aside two cases under the Maintenance and Welfare of Senior Citizens Act. The cases were subsequently remanded back to maintenance tribunals at the deputy collector level, with a direction that they appoint a conciliation officer to mediate a settlement between the parents and their children. Until the cases are resolved, the HC directed the sons in both cases to continue paying monthly maintenance of Rs 10,000 to their parents. In the first case, a 49-year-old son from Panaji went to the HC challenging the order of the maintenance tribunal that directed him to vacate his parents' home within six months and pay them Rs 10,000 per month as maintenance. In the second case, an only son approached the HC challenging the order delivered by the maintenance tribunal that directed him to pay his father Rs 10,000 per month, and restricting him and his wife from interfering with the cultivation of his father's agricultural fields in Bicholim. Justice Valmiki Menezes held that no inquiry was conducted by the maintenance tribunals in both cases and that the orders were passed without referring the parties to a conciliation officer to attempt to mediate a solution to the disputes. The HC directed that conciliation officers under the act be appointed in both cases to attempt to mediate between the parties. If conciliation fails, the maintenance tribunal shall proceed to conduct an inquiry into the matter, if necessary, record evidence, and pass its order, the court held. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area. Get the latest lifestyle updates on Times of India, along with Happy Krishna Janmashtami Wishes ,, messages , and quotes !
Time of India
15-06-2025
- General
- Time of India
HC: Marriage annulment order by church tribunals have no civil effect
Panaji: The high court of Bombay at Goa has held that an order by a church court declaring a canonical marriage null and void has no civil consequences. The order follows a 2019 judgment by the same high court declaring the unconstitutionality of Article 19 of decree law no. 35461 — a Portuguese-era law that gave recognition to judgments and marriage annulments by the patriarchal and metropolitan tribunals. The current case concerns a petitioner from Taleigao who married a Santa Cruz man at the Santa Cruz church in 2017. Based on the marriage certificate issued by the Archdiocese of Goa, the civil registrar transcribed the canonical marriage into the register of marriage of that year. In the Catholic church, a canonical marriage is one that's considered valid by the Church and adheres to the rules and requirements outlined in canon law. In court, the petitioner said that her canonical marriage was in accordance with decree law no. 35461, applicable to the state of Goa. Two years later, in 2019, she initiated a process of annulment of her marriage before the patriarchal tribunal of the Archdiocese of Goa, and this was granted in 2020 by a 'definitive sentence' declaring her canonical marriage as null and void. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Costco Shoppers Say This Wrinkle Cream Is "Actually Worth It" The Skincare Magazine Undo She claimed that this 'definitive sentence' was then ratified by a decree of ratification by the metropolitan tribunal of the Archdiocese of Bombay in Mumbai. She stated that since this conclusively declares the marriage null and void, she is entitled to have her entry in the book of the civil registration of marriages cancelled. However, when she approached the civil registrar, Panaji, in 2021, for the cancellation of the entry of registration of her marriage in the marriage register, the registrar referred to a previous judgment of the high court delivered in another petition. The registrar contended that since the high court's decision was under challenge in the Supreme Court under civil appeal, her application would be processed after the decision in that matter, and after the order of the ecclesiastical (church) tribunal was ratified by the high court. Subsequently, she approached the high court. The point for determination before the high court was this: do the orders of an ecclesiastical court declaring the annulment of a marriage under canon law have civil effects after the provisions of Article 19 of decree law no. 35461? A division bench comprising justices Valmiki Menezes and Nivedita Mehta answered this in the negative. 'We are of the opinion that in view of the position that Article 19 has now been struck down in its entirety, the order/affirmative sentence of the ecclesiastical tribunal in Nov 2020, confirmed by the decree of ratification in Sep 2021, would have no civil effects. Consequently, the civil registrar of Tiswadi, by communication in March 2022, has rightly refused to endorse the entry in the register of marriages of the marriage of the couple. Consequently, we dismiss this petition'. During arguments, senior advocate J E Coelho Pereira, amicus curiae, stated that Article 19 provided for the enforcement of such orders only if they were endorsed by the high court. He submitted that under Article 19, it was the high court which was competent to enforce such an order and direct the civil registrar to make an endorsement in the marriage register. Coelho Pereira contended that the absence of Article 19 of the decree law renders orders passed by the ecclesiastical court with no civil effects; therefore, the entries in the marriage register cannot be cancelled to give such civil effect. Another amicus curiae, senior advocate M B D'Costa, submitted that under Article 2 of the decree law, parties have an option to opt for registering their marriage under civil law or under the canonical form of marriage by subjecting themselves to the jurisdiction of the church under canon law. He said that if the parties choose the latter form, the provisions of Article 2 take away the jurisdiction of the civil court to decide the annulment or divorce of that marriage, and in such an event, it is only the ecclesiastical court that would have jurisdiction.
Time of India
14-06-2025
- General
- Time of India
HC quashes tribunal order, asks why only one son made to pay mother's maintenance
Panaji: The high court of Bombay at Goa quashed and set aside an order of the senior citizens maintenance tribunal, which directed a son to pay a monthly maintenance of Rs 10,000 to his senior citizen mother. The high court found that the senior's three daughters were not made parties in the proceedings before the tribunal at Mapusa and remanded the matter back to it for fresh consideration. The court directed that the procedure be undertaken, making the three daughters parties to the case. The high court found that the procedures laid down in the Maintenance and Welfare of Senior Citizens Act and rules were not followed. The maintenance order did not state how it arrived at the conclusion that only one son was responsible for paying the entire maintenance despite the senior having five children—two sons and three daughters, Justice Valmiki Menezes observed. The order also did not state on what basis the tribunal concluded that maintenance required to be paid by one son was quantified at Rs 10,000. The high court stated that no inquiry was conducted by the tribunal in the presence of the children and that the daughters were not even summoned. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm Undo 'There appears to have been a complete go-by given to the procedures laid down under Sections 5 and 6 of the Act,' the high court stated. The petition was filed by advocate Deepak Gaonkar, representing the son. Sahil Sardesai, appointed under the Legal Aid Scheme, represented the mother and the other son. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
Time of India
08-05-2025
- Time of India
HC: Strictly stop banned methods to net sea catch
Panaji: The high court on Thursday told the director of fisheries, the Goa coastal police force, and the Coast Guard to strictly enforce the ban on LED fishing, bull trawling, and pair trawling. The division bench, comprising justices M S Karnik and Valmiki Menezes, ordered the directorate of fisheries and Goa coastal police to maintain a dedicated mobile number and an email ID for receiving complaints from the public and to widely publicise the number and the email ID. 'The phone number/helpline shall be made available 24 hours a day with a responsible officer monitoring the same, to ensure prompt action in the event of a complaint being received with regard to illegal fishing in any banned operations under the Act or Ban Order 2017,' the HC said. It further directed every complaint to be entered into a register along with a report on the action taken. The HC called for inspections to be carried out on fishing vessels arriving and departing from all six fishing jetties in Goa, as well as at private jetties. Operation Sindoor Operation Sindoor: Several airports in India closed - check full list Did Pak shoot down Indian jets? What MEA said India foils Pakistan's attack on Jammu airport: What we know so far The authorities, the HC said, must immediately suspend registrations under the Merchant Shipping Act/Inland Vessels Act along with fishing permits for those conducting such banned fishing operations. The court observed that Goa coastal police have practically no operational interceptor boats and rely on small crafts that are unable to patrol the 100 nautical mile coastline of Goa. Citing this 'sorry state of affairs', the HC directed Goa coastal police and the Goa home department to immediately procure interceptor boats in the shortest possible time to plug this gap. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Google Brain Co-Founder Andrew Ng, Recommends: Read These 5 Books And Turn Your Life Around Blinkist: Andrew Ng's Reading List Undo There is 'no enforcement machinery worth the name in place to carry out statutory duties cast upon Goa coastal police of enforcement of law within the territory assigned to them,' the HC observed. Goa coastal police at present have only one operational interceptor boat, which has to cover a coastline of 110km and a breadth of 12 nautical miles of the sea, the HC observed. It also pointed out that most coastal police stations are grossly understaffed and that there is a dire need to augment the number of officers and personnel. Panaji: The high court on Thursday told the director of fisheries, the Goa coastal police force, and the Coast Guard to strictly enforce the ban on LED fishing, bull trawling, and pair trawling. The division bench, comprising justices M S Karnik and Valmiki Menezes, ordered the directorate of fisheries and Goa coastal police to maintain a dedicated mobile number and an email ID for receiving complaints from the public and to widely publicise the number and the email ID. 'The phone number/helpline shall be made available 24 hours a day with a responsible officer monitoring the same, to ensure prompt action in the event of a complaint being received with regard to illegal fishing in any banned operations under the Act or Ban Order 2017,' the HC said. It further directed every complaint to be entered into a register along with a report on the action taken. The HC called for inspections to be carried out on fishing vessels arriving and departing from all six fishing jetties in Goa, as well as at private jetties. The authorities, the HC said, must immediately suspend registrations under the Merchant Shipping Act/Inland Vessels Act along with fishing permits for those conducting such banned fishing operations. The court observed that Goa coastal police have practically no operational interceptor boats and rely on small crafts that are unable to patrol the 100 nautical mile coastline of Goa. Citing this 'sorry state of affairs', the HC directed Goa coastal police and the Goa home department to immediately procure interceptor boats in the shortest possible time to plug this gap. There is 'no enforcement machinery worth the name in place to carry out statutory duties cast upon Goa coastal police of enforcement of law within the territory assigned to them,' the HC observed. Goa coastal police at present have only one operational interceptor boat, which has to cover a coastline of 110km and a breadth of 12 nautical miles of the sea, the HC observed. It also pointed out that most coastal police stations are grossly understaffed and there is a dire need to boost the number of officers and personnel.
