Margao: The Archdiocese of Goa and Daman is yet to receive from the Vatican a formal communication on the reforms, announced by Pope Francis earlier this month, which will help streamline the marriage annulment process for Roman Catholics.
The new procedures that are expected to come into force by December 8 will fast track cases that sometimes get dragged on for two years and more at the archdiocese’s marriage tribunal.
The tribunal receives an average of 130 petitions for annulment each year, not counting those of couples undergoing family counselling—the first requirement when an annulment is sought. The number has gone up considerably over the past few years, says judicial vicar of the tribunal in Goa, Fr Rosario Oliveira.
Under the new procedure Pope Francis has expressed that aside from the basic fees to maintain the tribunal, the annulment process should be made free, The Times of India reported.
From what he has announced, the new procedure doesn’t require a tribunal of second instance (appellate tribunal) to ratify the decision of the first tribunal as is currently the procedure.
Once a spouse approaches the Church seeking annulment, a petition is usually not accepted by the tribunal, counselling is recommended first, to see whether the marriage can be saved. Once it is clear the marriage cannot be saved, one spouse petitions for annulment.
The tribunal is based at the Archbishop’s House, Altinho, Panaji, and also has judges hearing cases at various sub-offices of the tribunal at Pilar, Holy Spirit Church-Margao, and the Rachol Seminary.
Witnesses are called to testify and the case is built up. An advocate for the Church, called the defender of the bond, examines evidence and argues against the annulment of the marriage.
Once a case has been decided and receives an affirmative judgment, that is, the annulment is allowed, the case automatically goes in appeal to the appellate court or the tribunal of second instance based in Mumbai.
Akin to the high court, judges at the tribunal of second instance review the case, checking whether proper procedure was followed. This tribunal also has the power to overturn the order of the first tribunal.
While the tribunal of second instance for Goa is in Mumbai, the tribunal in Goa acts as the tribunal of second instance for the archdiocese of Mumbai, Sindhudurg and Nagpur.
Judicial vicar Oliveira says delays usually take place at the court of first instance where the case is being built. “One party is sometimes based abroad or on the ship and can only make it after six months. Witnesses too don’t always show up on the dates fixed. The other spouse, in some cases, wants to delay the process and refuses to cooperate.”
He is still waiting for the official communication in English to be able to understand the finer nuances of the new procedure and understand the changes in the legal procedure. Should the delays be reduced there will be more pressure on the tribunal. Perhaps more judges would be required, who are not easy to find as a minimum requirement is a licentiate in Canon Law.