Daijiworld Media Network – Mangalore (RD)
Mangalore, Jun 3: The representation by Indian Christians governed by Cannon Law for relief by amendment of the Indian Penal Code (IPC) and the Indian Succession Act, met union law minister Veerappa Moily, here recently.
They urged an amendment of Sec 494 of IPC so that the court of competent jurisdiction includes the Ecclesiastical Court constituted under Canon Law, and amendment of Sec 42 of Indian Succession Act to make the mother an heir along with the father to an unmarried child.
The representation is supported by Archbishop Dr Bernard Moras of Bangalore, Archbishop Emeritus Dr Ignatius Pinto of Bangalore, Bishop Dr Aloysius P D’Souza of Mangalore, Uttarakhand Governor Margaret Alva, philanthropist NRI Ronald Colaco, KPCC general secretary Ivan D’Souza and Mangalore diocesan clergies, stressing the need for amendment of Sec 494 IPC which makes bigamy an offence.
A court case was cited in the memorandum presented to union minister Veerappa Moily, that stated Shanthi D’Souza nee Lobo who was married to Godwin D’Souza, son of Casmir D’Souza on August 22 1999 at Cordel church, Kulshekar, mangalore.
The Church Marriage was dissolved by the Ecclesiastical Court Bishop’s House, Mangalore under decree dated September 19 2002. It held that the marriage no longer presents an obstacle to entering a new and valid marriage in the Catholic Church for Godwin Anthony D’Souza and Shanthi Lobo. On the strength of the Church Decree for nullity Godwin was solemnized in marriage by the same priest at Cordel church on July 6 2003. Two children were born of the second marriage – Sonia and Vineeth. Sonia is attending school.
Shanthi Lobo has filed a private complaint dated July 29 2010 in the court of the JMFC in Mangalore. The complaint filed under Sec 200 of Criminal Procedure Code for the offence punishable under Sec 494, 506, 420 of IPC. R/w Sec 107 and 109 of IPC.
The complaint has been taken in file and an FIR dated September 11 2010 has been registered at Kankanady rural police station. Godwin D’Souza's aged father, a retired government official Casmir D’Souza’s name has been deleted after enquiry by the police.
The representation also brought to the notice of union minister Veerappa Moily that there are over a thousand cases for nullity of marriage pending in the ecclesiastical court in Mumbai and about a hundred cases before the court in Mangalore. The purpose of going to the Eccelesiastical Court is for one of the spouses to marry again. For Catholics remarriage is not possible unless in addition to dissolution under the Indian Divorce Act, a second dissolution is decreed by the Canonical Court.