(1) mcam-5-2026.odt IN THE HIGH COURT OF BOMBAY AT GOA MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.5 OF 2026 MRS. LIZBETH CONCEPTION TAVARES VERSUS MR. STEVE FERRAO AND ORS. … Mr. Ravi Gawas, Advocate for Applicant. Mr. Shivdatt P. Munj, Additional Government Advocate for Respondent No.2/State. … CORAM : S. G. CHAPALGAONKAR, J. RESERVED ON : 02nd SEPTEMBER, 2026. PRONOUNCED ON : 04th 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 08.05.2025 passed in Case No.1707-9104-3671-1521 by HM Court 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 Salcete to cancel marriage registration No.1874/2025 of Marriage Registration Book of year 2015 between applicant and respondent no.1. 2. The applicant-wife states that her marriage was solemnized with respondent in State of Goa and marriage is registered before Civil Registrar of Salcete, Margaon Goa. Since personal differences arose between applicant and respondent, they filed divorce proceeding before 2026:BHC-GOA:1788 (2) mcam-5-2026.odt HM Courts and Tribunal Service, sitting in Family Court vide Case No.1707-9104-3671-1521, wherein conditional order was passed on 25.03.2025, which was made final on 08.05.2025, thereby certifying that marriage solemnized on 14.10.2015 at Civil Registration Office, Salcete at Margaon Goa between applicant and respondent has legally ended. The applicant has tendered a notarized copies of original marriage certificate dated 14.10.2015 and final order dated 08.05.2025. 3. On 30.03.2026, notice of this application was issued to respondent. The humdast was permitted in so far as local addresses is concerned and Registry was directed to issue notice on E-mail of respondent no.1. On 24.04.2026, in pursuance to service of notice, father of respondent no.1 appeared before this Court and sought time to engage an Advocate to represent respondent no.1. Eventually, matter was posted on board dated 25.06.2026, 13.08.2026, 20.08.2026, 28.08.2026 and 31.08.2026, thereby granting opportunity to respondent to cause appearance in person or through Advocate. However, none appeared on behalf of respondent. 4. Heard Mr. Ravi Gawas, learned Advocate appearing for applicant and Mr. S. 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 (3) mcam-5-2026.odt order dated 08.05.2025. 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 jurisdiction. Article 1102 stipulates requisites necessary for confirmation. 6. The documents tendered before this Court demonstrates that applicant and respondent are originally residents of Margaon, Goa. There marriage was solemnized on 14.10.2015 and registered with Civil Registration Office at Salcete, Margaon 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. 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 1 1997 (2) Goa L.T. 343. (4) mcam-5-2026.odt dissolved by way of consent decree. The respondent failed to remain present before this Court despite service of notice of this application and multiple opportunities. 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 08.05.2025 passed by HM Courts and Tribunal Services, sitting in Family Court at United Kingdom in Case No.1707-9104-3671-1521 is confirmed. c. The respondent no.2 is directed to cancel Entry No.1874/2015 dated 15.10.2025 from Register of Marriage of Marriage Registration Book of year 2015 between applicant and respondent no.1. d. Miscellaneous Civil Application stands disposed of in aforesaid terms. (S. G. CHAPALGAONKAR) JUDGE Devendra/September-2026