(1) mcam-17-2026.odt IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION (MAIN) NO.17 OF 2025 FREEDA FERNANDES VERSUS DOMNIC ROSARIO RODRIGUES AND ANR … Mr. Anant Dabolkar with Ms. Nandini Kedilaya, Advocates for the Applicant. Mr. Shivdatt P. Munj, Additional Government Advocate for Respondent no. 2. … CORAM : S. G. CHAPALGAONKAR, J. DATED : 02nd 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 27.08.2024 in Case No.1664-7988-7789-3085 by HM Courts and Tribunal Services, sitting in Family Court at United Kingdom (hereinafter referred as ‘Foreign Court’) in terms of Articles 1100 to 1103. The applicant further seeks direction against Civil Registrar of Mormugao to cancel Marriage Registration No.45/2018 of Marriage Registration Book of year 2018 between applicant and respondent. 2. The applicant-wife states that her marriage was solemnized with respondent in State of Goa and marriage is registered before Civil Registrar of Mormugao. Since personal differences arose between applicant and respondent, they filed divorce proceeding before HM Courts and Tribunal Service, sitting in Family Court vide Case 2026:BHC-GOA:1779 (2) mcam-17-2026.odt No.1664-7988-7789-3085, wherein conditional order was passed on 02.07.2024, which was made final on 27.08.2024, thereby certifying that marriage solemnized on 30.12.2017 at Church of Our Lady of Lourdes, Utorda, India between applicant and respondent, has legally ended. The applicant has tendered a notarized copies of original marriage certificate dated 31.01.2018 and final order dated 27.08.2024. 3. On 20.11.2025, notice of this application was issued to respondent. The applicant was permitted to serve respondent through Registered Speed Post, Whatsapp, E-mail. The Registry was directed to issue notice through Speed Post A.D. to respondent no.1. Mrs. Nandini Kedilaya/Advocate for applicant, has filed affidavit of service indicating that respondent is served with copy of application through Whatsapp chat message on Mobile No.+44 7478 274582. However, none appeared on behalf of respondent no.1. 4. Heard Mr. Anant Dabolkar with Mrs. Nandini Kedilaya, learned Advocates appearing for applicant and Mr. Shivdatta P. Munj, Additional Government Advocate for respondent no.2/State. 5. Apparently, Foreign Court ordered and decreed that applicant and respondent no.1 are divorced from bonds of matrimonial vide final order dated 27.08.2024. 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, (3) mcam-17-2026.odt 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. 6. The documents tendered before this Court demonstrates that applicant and respondent are Portuguese Citizens and their marriage was solemnized at Goa on 30.12.2017 at Church of Our Lady of Lourdes, Utorda, India. 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. 7. 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 no.1 is dissolved by way of consent decree. The respondent failed to remain present before this Court despite service of notice of this application. Considering that divorce by mutual consent is available under law of divorce applicable in State of Goa, there is no reason to refuse 1 1997 (2) Goa L.T. 343. (4) mcam-17-2026.odt 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 27.08.2024 in Case No.1664-7988-7789-3085 by HM Courts and Tribunal Services, sitting in Family Court at United Kingdom is confirmed. c. The respondent no.2 is directed to cancel Marriage Registration No.45/2018 of Marriage Registration Book of year 2018 between applicant and respondent no.1. d. Miscellaneous Civil Application stands disposed of in aforesaid terms. (S. G. CHAPALGAONKAR) JUDGE Devendra/September-2026