(1) mcam 11-2026.odt IN THE HIGH COURT OF BOMBAY AT GOA MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.11 OF 2026 GEOFREY LUCAS DA COSTA THR ITS ATTORNEY VALANNI DITOZA MARTINS VERSUS MITHCELL BRITTO … Mr.Tarun Rebello, Advocate for Applicant. Mrs. Mitchell Britto, Respondent-in-Person (Through VC). … CORAM : S. G. CHAPALGAONKAR, J. DATED :22nd SEPTEMBER, 2026. FINAL ORDER :- 1. The present application is filed under Chapter XIII of Portuguese Code of Civil Procedure, 1939 r/w Sections 13 and 14 of Civil Procedure Code for review and confirmation of divorce decree dated 12.08.2025 passed in Case No.1728-3309-8032-3224 by HM Courts and Tribunal Services Sitting in Family Court (hereinafter referred as ‘Foreign Court’). The applicant further seeks direction against Civil Registrar-cum-sub Registrar of Ponda, Goa to cancel registration No.21/2017 of Marriage Registration Book of year 2017 between applicant and respondent. 2. The applicant-husband states that his marriage was solemnized with respondent in State of Goa and marriage is registered before Civil Registrar-cum-sub Registrar of Ponda, Goa. Since personal differences arose between applicant and respondent, they filed joint divorce 2026:BHC-GOA:1890 (2) mcam 11-2026.odt application dated 15.11.2024 before Foreign Court bearing Case No.1728-3309-8032-3224, wherein conditional order was passed on 11.06.2025, which was made final on 12.08.2025, thereby certifying that marriage solemnized on 04.12.2016 at Civil Registrar-cum-sub Registrar of Ponda, Goa between applicant and respondent has legally ended. The applicant has tendered copies of original marriage certificate dated 09.06.2026 and final order dated 12.08.2025. 3. Heard Mr. Tarun Rebello, learned Advocate appearing for applicant and Respondent-in-person. Respondent attended the hearing via video conferencing and consented the confirmation of Divorce Decree. 4. Apparently, Foreign Court ordered and decreed that applicant and respondent are divorced from bonds of matrimonial vide final order dated 12.08.2025. Article 1100 of Portuguese Code of Civil Procedure stipulates that no judgment on private rights, passed by Foreign Court or Foreign Arbitrators, shall have effect in Portugal, regardless the Nationality of parties without Foreign judgment having been reviewed and confirmed. Article 1101 prescribes that review and confirmation lie before High Court having jurisdiction at the place at which person against whom judgment is sought to be enforced is domicile or resides. If such a person has no domicile or residence in Portugal, High Court within whose jurisdiction, the petitioner is domicile or resides shall have (3) mcam 11-2026.odt jurisdiction. Article 1102 stipulates requisites necessary for confirmation. 5. The documents tendered before this Court demonstrates that applicant and respondent are originally residents of Goa. Their marriage was solemnized on 04.12.2016 and registered with Civil Registration Office at Ponda, Goa. In case of Saturnino Epfanio Ralph Barros Vs. Tina Noronha Barros1, this Court held that Article 1102 of PCCP stood repealed with coming into force Section 13 of Code of Civil Procedure, 1908. However, Article 1100 continues to have force of law. 6. The notarized copy of foreign judgment and decree passed by Competent Court of jurisdiction is produced before this Court. Apparently, marriage between applicant and respondent is dissolved by way of consent decree. Considering that divorce by mutual consent is available under law of divorce applicable in State of Goa, there is no reason to refuse confirmation of divorce granted by Foreign Court. Hence, following order: ORDER a. Miscellaneous Civil Application is allowed. b. The judgment and decree of divorce dated 12.08.2025 passed by HM Courts and Tribunal Services Sitting in Family Court in Case No. 1728-3309-8032-3224 is confirmed. 1 1997 (2) Goa L.T. 343. (4) mcam 11-2026.odt c. The Applicant shall be at liberty to approach the Civil Registrar- cum-sub Registrar to cancel Entry No.21/2017 dated 09.06.2026 from Marriage Registration Book of year 2017 between applicant and respondent . d. Miscellaneous Civil Application stands disposed of in aforesaid terms. (S. G. CHAPALGAONKAR) JUDGE Devendra/September-2026