The Supreme Court of India said on Friday that the Constitution makers hoped and expected that the state would take steps in order to secure for the citizens a Uniform Civil Code throughout the territory of India, but so far, no actions have been taken. The Apex Court while citing a case of Goa said that "Muslim men who are married or whose marriages are registered in Goa, cannot practice polygamy also no provisions of verbal divorce are available to them". Also making the refrence to the Uniform Civil Code, Hon'ble Mr. Justice Deepak Gupta said in the judgement that "Though the Hindu laws are of the year 1956, but there are no attempts to make one Uniform Civil Code applicable to all the Citizens of the Country".
The Apex court also identified the Goa Judgement as a good example , which has the Uniform Civil Code applicable to all irrespective to relegion, except while protecting limited rights, these are the observation made in the civil suit between Jose Paulo Coutinho Vs Maria Luzia Valentina Pereira. The court also noted from December 22, 2016 certain parts of Portuguese Civil Code will be repealed and replaced by the Goa Succession, Special Notaries and Inventory Proceedings Act, 2012. The Law however permits Pre-Nupital agreements which have a different system , basically a type of contract on division of assets if the parties get divorce in future after marriage. As for muslims living inside Goa, "the civil code would be applicable but outside Goa, The Muslim Personal Law( Shariat) Application Act, 1937 will be applicable that would give rise to many disputes". said the Apex court. For the Pre-Nupital agreements as tha law permits half of the property has to be passed down to the legal heirs , which is akin to the the concept of 'coparcenary' in Hindu Law.
The Court also observed that there is a conflict between the Indian Succession Act, the Hindu Succession Act, the Muslim Personal Law ( Shariat) Application Act, 1937 and also the Portuguese Civil Code with the relation in the matters of laws of Inheritance but at the same time this conflict has to be resolved. "It's high time now that the country works for the Uniform Civil Code otherwise these conflicts will continue to be there" said the Supreme Court of India.