(1) MCMAM-15-2026.odt IN THE HIGH COURT OF BOMBAY AT GOA MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.15 OF 2026 LIVIA COLACO VERSUS CRUZ CARDOZ … Mr.Aditya Parab, Advocate for Applicant. … CORAM : S. G. CHAPALGAONKAR, J. DATED :7th 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 11.10.2024 passed in Case No.1702-3746-0306-8204 by HM Courts and Tribunal Services Sitting in Family Court at Harlow (hereinafter referred as ‘Foreign Court’). The applicant further seeks direction against Civil Registrar-cum-sub Registrar of Mormugao at Vasco, Goa to cancel registration No.652/2005 of Marriage Registration Book of year 2005 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-cum-sub Registrar of Mormugao at Vasco, Goa. Since personal differences arose between applicant and respondent, they filed divorce proceeding before Foreign Court No.1702-3746-0306-8204, 2026:BHC-GOA:1811 (2) MCMAM-15-2026.odt wherein conditional order was passed on 16.07.2024, which was made final on 11.10.2024, thereby certifying that marriage solemnized on 01.10.2005 at Civil Registrar-cum-sub Registrar of Mormugao at Vasco, Goa between applicant and respondent has legally ended. The applicant has tendered a notarized copies of original marriage certificate dated 07.11.2023 and final order dated 11.10.2024. 3. On 19.08.2026, notice of this application was issued to respondent with liberty to Applicant to serve respondent by electronic mode. Accordingly, petitioner had issued notice on E-mail of respondent. On 03.09.2026, Learned Advocate appearing for Applicant submitted affidavit of service stating that Respondent is duly served and confirmed receipt of copy of application. However, none appeared on behalf of respondent. 4. Heard Mr. Aditya Parab, learned Advocate appearing for applicant. 5. Apparently, Foreign Court ordered and decreed that applicant and respondent are divorced from bonds of matrimonial vide final order dated 11.10.2024. 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, regardless the Nationality of parties without Foreign judgment having been reviewed and confirmed. Article 1101 prescribes that review and confirmation lie (3) MCMAM-15-2026.odt 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 Goa. There marriage was solemnized on 01.10.2005 and registered with Civil Registration Office at Mormugao at Vasco, 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 is dissolved by way of consent decree. The respondent failed to remain present before this Court despite service of notice of this application and grant of opportunity to represent. Considering that divorce by mutual consent is available under law of divorce applicable in State of Goa, there is no 1 1997 (2) Goa L.T. 343. (4) MCMAM-15-2026.odt 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 11.10.2024 passed by HM Courts and Tribunal Services Sitting in Family Court at Harlow Case No.1702-3746-0306-8204 is confirmed. c. The Applicant shall be at liberty to approach the Civil Registrar- cum-sub Registrar to cancel Entry No.652/2005 dated 01.10.2005 from Marriage Registration Book of year 2005 between applicant and respondent . d. Miscellaneous Civil Application stands disposed of in aforesaid terms. (S. G. CHAPALGAONKAR) JUDGE Devendra/September-2026