Report No. 90

3.6. Articles and correspondence in newspapers.-

Apart from the comments received on the Working Paper, we have been able to have a look at articles and correspondence published in certain newspapers and periodicals, which contain an expression of views on the subject. The majority of the articles and letters reveal a deep dissatisfaction with the present law, though there is a small shade of view favouring the status quo. Thu remedy or reform suggested in the various articles and letters varies and many of them raise a matter not raised in our Working Paper, namely, the need for some provision in the law for facilitating the recognition, by the Civil Courts, of a pronouncement of nullity made by a competent authority of the Church. Several points have been made in the articles published on the subject in newspapers and periodicals.

By and large, the need for a revision of the law in the light of the changing social conditions has been stressed. Further, it has been argued that the absence of a provision for recognition, by the civil courts, of a pronouncement of nullity granted by the Church leads to a serious anomaly, inasmuch as (under the present position), a person stays married for the purposes of the law of the land, while the Church has already declared his marriage to be void. It has also been stated that Portuguese law, as in force in Goa, recognises such pronouncements of nullity made by the Church authorities. (Reference has been made in this connection to a provision made by the Portuguese law in 1911 in regard to Goa).