As per article 4 (4)(5) of Portuguese Civil Code: if spouse abandoned the other for not less than 3 years, can file suit for dissolution of marriage.
The Goa civil code is largely based on the Portuguese Civil Code (Código Civil Português) of 1867, which was introduced in Goa in 1870. Later, the code saw some modifications, based on:[2]
- 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 the First Portuguese Republic, the civil code was liberalized to give women more freedom.[3]
- the Portuguese Decrees on Canonical Marriages of 1946 (Decreto 35.461: regula o casamento nas colónias portuguesas)[4]
The civil code was retained in Goa after its merger with the Indian Union in 1961, although in Portugal, the original Code was replaced by the new Portuguese 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 Muslim ShariahOrganization supported the move, but it was met with stiff resistance from the Muslim Youth Welfare Association and the Goa Muslim Women's Associations.[5]