(1) MCAM 21 of 2026.odt IN THE HIGH COURT OF BOMBAY AT GOA MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.21 OF 2026 MOHAMMAD GOUTH SHAIKH VERSUS KAYINAT GAYASUDDIN GANI … Mr.Eeshan Usapkar, Advocate for Applicant. Mr. Karuna Bakre, Advocate for the Respondent. … CORAM : S. G. CHAPALGAONKAR, J. Reserved on : 21st SEPTEMBER, 2026 Pronounced on 24th 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 24.08.2023 passed in Case No.2394/2023/100 thereby granting Divorce Certification No. 1109/M/2023 by Government of Dubai, Dubai Courts, Personal Matters Court (hereinafter referred as ‘Foreign Court’). The applicant further seeks direction against Civil Registrar-cum-sub Registrar of Bicholim, Goa to cancel registration No.-MR-BCH-484- 2022 of Marriage Registration Book of year 2022 between applicant and respondent. 2. The applicant-husband states that his marriage was solemnized with respondent at Dubai on 19.06.2022 under valid marriage contract issued by Foreign Court and thereafter registered in the office of Civil Registrar-cum-sub Registrar of Bicholim, Goa on 26.09.2022 under 2026:BHC-GOA:1899 (2) MCAM 21 of 2026.odt registration no. MR-BCH-484-2022. Since personal differences arose between applicant and respondent, respondent filed divorce proceeding before Foreign Court of First Instance bearing case no. 2394/2023/100 which issued Divorce Certification No.1109/M/2023 on 24.08.2023, thereby certifying that marriage solemnized on 26.09.2022 at Civil Registrar-cum-sub Registrar of Bicholim, Goa between applicant and respondent has legally ended. 3. As per the Divorce Certificate dated 24.08.2023, applicant had unilaterally divorced respondent on 05.07.2023. The Respondent actively participated and contested the matter and admitted the existence of decree but opposed dissolution and sought reconciliation. The Respondent sought compensation consequent to the Divorce in which she was awarded the Compensation Amount as follows : i. AED 4,500 as waiting period maintenance, ii. AED 1,500 per month as matrimonial maintenance until the divorce became irrevocable, iii. AED 9,000 as enjoyment maintenance. 4. The Respondent appealed the judgment bearing Appeal No. 1825/2023/320 before the Foreign Court which vide Judgment dated 22.02.2024 dismissed the appeal regarding the maintenance amounts but ordered the cancellation of the civil marriage made in India on 26.09.2022. (3) MCAM 21 of 2026.odt 5. The Respondent had also filed a matrimonial petition bearing M.P. No. 46/2023/A before the Civil Judge Senior Division, at Bicholim, Goa seeking matrimonial reliefs of restitution of conjugal rights which was voluntarily and unconditionally withdrawn by her on 15.09.2025. 6. The Applicant states that respondent has entered into another marriage with one Mohammed Aslam which shows the Respondent having accepted the dissolution of marriage and contracted a subsequent marriage she is estopped from disputing the validity or finality of the decree. Therefore, applicant has filed this application for confirmation/ratification of the foreign divorce decree. 7. The Respondent in her Written Statement stating that previously she opposed divorce and sought reconciliation, however, due to irretrievable breakdown of marriage by passage of time, she has no objection for confirmation and recognition of Foreign Court Decree. 8. Heard learned Advocates appearing for respective parties. Both of them reiterated contention of parties and requested to allow application. 9. Apparently, Foreign Court ordered and decreed that applicant and respondent are divorced from matrimonial bonds vide final divorce decree dated 24.08.2023. It also satisfies the requirements of Section 13 of the Code of Civil Procedure, 1908, in as much as the same was (4) MCAM 21 of 2026.odt pronounced by a Court of competent jurisdiction on merits. It was not founded on an incorrect view of international law, was not obtained by fraud, also does not violate principles of natural justice. 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 jurisdiction. Article 1102 stipulates requisites necessary for confirmation. 10. The documents tendered before this Court demonstrates that applicant is Indian Citizen residing in Tamil Nadu and respondent is originally resident of Goa residing in Bicholim, Goa. Their marriage was solemnized on 19.06.2022 at Dubai and registered with Civil Registration Office at Bicholim, Goa on 26.09.2022. 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. 1 1997 (2) Goa L.T. 343. (5) MCAM 21 of 2026.odt 11. The copy of foreign judgment and decree passed by Competent Court of jurisdiction is produced before this Court. Both parties admits their marriage is dissolved by decree of Foreign Court. 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 24.08.2023 passed by Government of Dubai, Dubai Courts, Personal Matters Court in Case No.2394/2023/100 thereby granting Divorce Certification No. 1109/M/2023 is confirmed. c. The Applicant shall be at liberty to approach the Civil Registrar- cum-sub Registrar to cancel Entry No.MR-BCH-484-2022 dated 26.09.2022 from Marriage Registration Book of year 2022 between applicant and respondent. d. Miscellaneous Civil Application stands disposed of in aforesaid terms. (S. G. CHAPALGAONKAR) JUDGE Devendra/September-2026