Goa’s Common Civil

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Goa is the only state that regardless of religion has a universal civil code (UCC) for all citizens even though India has different civil laws for different religious communities. The Portuguese Civil Code that remains in force even today was introduced in the 19th century in Goa and wasn’t replaced after liberation. It is a progressive law that allows equal division of income and property regardless of gender between husband and wife and also between children. Every birth, death and marriage has to be compulsorily registered.

For divorce there are severe provisions. Muslims that have their marriages registered in Goa cannot take more than one wife or divorce by pronouncing “talak” thrice. During the course of marriage all the property and wealth owned or acquired by each spouse is commonly held by the couple. Each spouse in case of divorce is entitled to a half share of the property and if one dies, the ownership over half of the property is retained by the other. Even if the children (both male and female) have got married and left the house, the other half has to be divided equally among them. Thus the parents cannot disinherit the children totally as they can dispose only half of the property in a will and the rest has to be compulsorily and equally shared amongst the children.

 

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