Shri. Basilio Santana Castelino @ Shri. B. S. Castelino And ANR., v. State Of Goa, Thr. The Chief Secretary And 7 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 1162 OF 2016 SHRI. BASILIO SANTANA CASTELINO @ SHRI. B. S. CASTELINO AND ANR., ... Petitioners

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY AND 7 ORS., ... Respondents Petitioner in Person.

Mr. Vishwadh Sardessai, Additional Government Advocate, for Respondents no.1, 2 & 3.

Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 20th February, 2017 P.C.:

Heard the Petitioner in person and Shri Vishwadh Sardessai, learned Additional Government Advocate appearing for the Respondents no. 1 to 3.

2. Upon hearing the Petitioner in person, the grievance of the Petitioner appears to be that during the subsistence of the marriage between the Petitioner and the Respondent no. 7, the Petitioner desires to dispose in favour of his son, some immovable property and other assets belonging to him. It is his contention that, to legalise such disposition, the consent of the Respondent no. 7 would be necessary which the Petitioner is unable to obtain on account of strained relationship between the Petitioner and the Respondent no. 7. In terms of paragraph 1 of

WP/1162/2016 Article 1191 of the Portuguese Civil Code, such consent can be made good by approaching a Civil Court in that regard. 3 Article 1191 of Portuguese Civil Code reads thus: "The husband is not permitted, without the consent of his wife, either to alienate immoveable properties or to move the Court in respect of disputes regarding ownership or possession of immoveable properties.

Paragraph 1. Such consent may be made good judicially when the wife refuses to give it without just cause, or when she is unable to give it."

4. In such circumstances, giving liberty to the Petitioner to approach the court in accordance with law, the above petition stands disposed of.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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