IndianMascot
Core Member
Can we have the details of Goa Civil Code bro to have and idea about UCC
Discussion Uniform Civil Code
- Thread starter Anish Pai
- Start date
OK. Its based on the Portuguese/French codes:
Marriage/divorce, succession, guardianship, property, Torts all these come under the UCC.
Marriage registration is compulsory here and marriage/divorce are civil contracts.
And in the event of legal separation, a woman is entitled to 50 percent of her husbands income, and not dependent on his charity.
This has do with the concept of absolute equality. For the most part, the civil laws currently in force in Goa that pertain to marriage, divorce, protection of children and succession are non-discriminatory in terms of caste, ethnicity or gender. Means all are equal.
The power to repeal the Goa UCC lies in the hands of Centre, state has no powers to repeal/amend/scrap.
The problem is that some codes in the UCC are Portuguese/French 18-19th Century ones that are not valid in todays era. So Govt must take only those codes/articles that are valid and can be made applicable in this century, other codes must be scrapped. And then later apply the new UCC to entire nation.
Marriage/divorce, succession, guardianship, property, Torts all these come under the UCC.
Marriage registration is compulsory here and marriage/divorce are civil contracts.
And in the event of legal separation, a woman is entitled to 50 percent of her husbands income, and not dependent on his charity.
This has do with the concept of absolute equality. For the most part, the civil laws currently in force in Goa that pertain to marriage, divorce, protection of children and succession are non-discriminatory in terms of caste, ethnicity or gender. Means all are equal.
The power to repeal the Goa UCC lies in the hands of Centre, state has no powers to repeal/amend/scrap.
The problem is that some codes in the UCC are Portuguese/French 18-19th Century ones that are not valid in todays era. So Govt must take only those codes/articles that are valid and can be made applicable in this century, other codes must be scrapped. And then later apply the new UCC to entire nation.
Some ways in which the Goa Civil Code is different from other Indian laws include:
- A married couple jointly holds ownership of all the assets owned (before the marriage) or acquired (after the marriage) by each spouse. In case of a divorce, each spouse is entitled to a half share of the assets. However, the law also allows antenuptial agreements, which may state a different division of assets in case of a divorce. These agreements also allow the spouses to hold the assets acquired before marriage separately. Such agreements cannot be changed or revoked. A married person cannot sell the property without the consent of his/her spouse.
- The parents cannot disinherit their children entirely. At least half of their property has to be passed on to the children compulsorily. This inherited property must be shared equally among the children.
- Muslim men, who have their marriages registered in Goa, cannot practice polygamy. Also, there is no provision for a verbal divorce.
IndianMascot
Core Member
I don't like this. What if children become rowdy and disgusting.
Some more Info regarding the Goa UCC:
1. The first is the concept of absolute equality irrespective of the fact that you are a Hindu, Christian or Muslim.
2. All marriages in Goa are not valid till they are registered. In Goa, marriage is a contract and civil registration of marriage is mandatory. Thus a marriage solemnized under Hindu custom or Muslim law will be deemed valid only after the marriage is registered.
3. A Muslim whose marriage is registered in Goa cannot take another wife.
4. The Muslim law as per the Sharia is not valid in Goa.
5. The Sharia law of divorce and 4 wives is not recognized in Goa. A Goan has perforce to have only one wife till he divorces as per the civil code and marries again.
6. All contentious forms of divorce like triple Talaq are not valid in Goa.
7. Another aspect of the civil code pertains to property. Under the Uniform Civil code parents cannot disinherit their children as at least half of the property perforce has to be divided amongst all children.
This must be the Indian Uniform Civil Code and the Govt must implement this as soon as possible.
1. The first is the concept of absolute equality irrespective of the fact that you are a Hindu, Christian or Muslim.
2. All marriages in Goa are not valid till they are registered. In Goa, marriage is a contract and civil registration of marriage is mandatory. Thus a marriage solemnized under Hindu custom or Muslim law will be deemed valid only after the marriage is registered.
3. A Muslim whose marriage is registered in Goa cannot take another wife.
4. The Muslim law as per the Sharia is not valid in Goa.
5. The Sharia law of divorce and 4 wives is not recognized in Goa. A Goan has perforce to have only one wife till he divorces as per the civil code and marries again.
6. All contentious forms of divorce like triple Talaq are not valid in Goa.
7. Another aspect of the civil code pertains to property. Under the Uniform Civil code parents cannot disinherit their children as at least half of the property perforce has to be divided amongst all children.
This must be the Indian Uniform Civil Code and the Govt must implement this as soon as possible.
IndianMascot
Core Member
Any progress in UCC ?
scorpionking76
EntMnt Knight
Nothing status quo
Wait for the Govt to get Majority in upper house. Some more time.