TheGoa Civil Code, also called theGoa Family Law, is the set of civillaws that governs the residents of the Indian state ofGoa.^[1][2] The Goan civil code was introduced afterPortuguese Goa and Damaon were elevated from being merePortuguese colonies to the status of aProvíncia Ultramarina (Overseas possession).^[3] The Goan civil code is a Indianised variant of thePortuguese legal system that draws largely from theNapoleonic Code, a common legal system in a number ofContinental European nations.^[3]Indian law mostly derives fromEnglish common law that was formulated and applied inBritish India, and remains pegged to developments in the "Charter of theBritish Commonwealth". With a number of amendments, following thePartition of India, Indian laws as a whole have religion-specificcivil codes that separately govern adherents of different religions; (like theMuslim andHindu personal laws) and also hascaste reservations. Goa and Damaon are an exception to that rule, in that a single code governs all the nativeGoans and the native Damanese ofDamaon, Diu & Silvassa, irrespective of affiliation toreligion,ethnicity andsocial strata.^[4]The English translation of the civil code is available on the Government of Goa'se-Gazette dated 19/10/2018.^[5]

The Goa civil code is largely based on thePortuguese Civil Code (Código Civil Português) of 1867, which was introduced in Goa in 1870 (by a Decree of 18 November 1869, the Civil Code of 1867 was extended to the Overseas Provinces of Portugal^[6]). Later, the code saw some modifications, based on:^[7]

• the Portuguese Gentile Hindu Usages Decrees of 1880 (Código de usos e costumes dos hindus gentios de Goa)

• the Portuguese Decrees on Marriage and Divorce of 1910 (Lei do Divórcio: Decreto de 3 de Novembro de 1910). After the establishment of theFirst Portuguese Republic, the civil code was liberalized to give women more freedom.^[8]
• the Portuguese Decrees on Canonical Marriages of 1946 (Decreto 35.461: regula o casamento nas colónias portuguesas)^[9]

The civil code was retained in Goa after itsmerger with the Indian Union in 1961, although in Portugal, the original Code was replaced by the newPortuguese Civil Code of 1966. In 1981, the Government of India appointed a Personal Law Committee to determine if the non-uniform laws of the Union could be extended to Goa. The Goa MuslimShariah Organization supported the move, but it was met with stiff resistance from the Muslim Youth Welfare Association and the Goa Muslim Women's Associations.^[10]

Some ways in which the Goa Civil Code is different from other Indian laws include:^[7]

• A married couple jointly holds ownership of all the assets owned (before themarriage) or acquired (after the marriage) by each spouse. In case of adivorce, each spouse is entitled to a half share of the assets. However, the law also allowsantenuptial 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 cannotdisinherit 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 practicepolygamy.

The Goa Civil Code is not strictly auniform civil code, as it has specific provisions for certain communities. For example:^[7][10]

• TheHindu men have the right tobigamy under specific circumstances mentioned inCodes of Usages and Customs of Gentile Hindus of Goa (if the wife fails to deliver a child by the age of 25, or if she fails to deliver a male child by the age of 30). For other communities, the law prohibits bigamy.
• TheRoman Catholics can solemnize their marriages in church after obtaining a No Objection Certificate from the Civil Registrar. For others, only a civil registration of the marriage is accepted as a proof of marriage. The Catholics marrying in the church are excluded from divorce provisions under the civil law.
• For Hindus, divorce is permitted only on the grounds ofadultery by the wife.
• The law has inequalities in case ofadopted andillegitimate children.

• LGBTQ rights in Goa

• Civil codes
• Government of Goa
• Indian family law
• Identity politics in India
• Law by issue
• Law by issue and country
• Legal systems
• Social history of Goa
• Women's rights in India

• Articles with short description
• Short description matches Wikidata