(1) wp-663-2026.odt IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.663 OF 2026 MISS. ANNA NIKOLAEVNA KOTOVSKAIA VERSUS STATE OF GOA AND ANR. … Mr. Abhijeet Gosavi with Mr. B. Korgaonkar with Ms. Shweta Shetgaonkar, Advocates for Petitioner. Mr. S. P. Munj, Additional Government Advocate for Respondent Nos.1 and 2. … CORAM : S. G. CHAPALGAONKAR, J. DATED : 16th SEPTEMBER, 2026. FINAL ORDER:- 1. The petitioner impugns order dated 30.06.2026 passed by Civil Judge Senior Division, Margao-Goa, thereby dismissing Portuguese Civil Miscellaneous Application No.152/2026/II filed under Article 248 of Cedigo de Registo Civil (Portuguese Civil Registration Code). 2. The petitioner is holder of Russian Passport. She is divorcee and presently residing at Grande Vanelim, Salcete, Goa. She has no child from her earlier marriage and there is no personal or legal obligation, which create any impediment for her to enter into proposed marriage. During her stay in Goa, she came in contact with her fiance Mr. Ssherie Y. Puri, an Indian Citizen, resident of Grande Vanelim, Salcete, Goa. He is also divorcee having daughter aged about 20 years. The petitioner developed mutual affection, love and trust with Mr. Ssherie. They decided to solemnize and register their marriage in Goa. There is no legal impediment for entering into proposed marriage. The petitioner 2026:BHC-GOA:1851 (2) wp-663-2026.odt had approached Civil Court under Article 248 of Portuguese Civil Code seeking permission to register marriage before Civil Registrar of Salcete. However, by impugned order, her application came to be dismissed. 3. Mr. Abhijeet Gosavi, learned Advocate appearing for petitioner submits that Court has to consider sufficiency or adequacy of evidence produced as regards to capacity of parties to marry. Article 248 prescribes that if only one of betrothed person is Foreigner/Foreign National, proof/justification shall be only in relation to him. However, Civil Court misdirected itself to scrutinize document and capacity of petitioner’s fiance in respect of capacity to get married. In support of his contentions, he relies upon observations of this Court in case of Dipesh Ambaram Mesuria and Another Vs. State of Maharashtra1. 4. Having considered submissions advanced by learned Advocate appearing for petitioner, apparently petitioner had approached Civil Court for grant of permission to marry with Mr. Ssherie Y Puri and issuance of certificate to that effect before Civil Registrar Office of Salcete, Goa in order to get registered petitioner’s civil marriage. Article 248 of Code of Civil Registration states as under: “Article 248 reads as under: The marriages celebrated in the State of India (Goa) between foreigners (foreign nationals) belonging to any Country for which there is already in force or going to be in force the International Convention of Haya dated 12/06/1902 meant to 1 2008 (1) Mh.L.J. 274. (3) wp-663-2026.odt regulate conflict of laws in the matter of Marriages, can be celebrated before the employee of the Civil Registration if the betrothed persons justify that they are in harmony with the National laws of each of them in respect of the capacity to get married by production of certificates from the Diplomatic agents/Consuls or Consular agents of their Country or by any proof/justification before the Civil Judge of the respective Jurisdiction. If only one of the betrothed persons is a foreigner/foreign national the proof/justification shall be only in relation to him.” 5. Plain reading of Article 248 would show that foreigner who desire of getting their marriage registered in State of Goa can move concerned employee in office of Civil Registrar. The person, who betrothed has to establish capacity to marry in harmony with respective National laws, from Diplomatic agents/Consuls or Consular agents of their Country or by any proof or justification before Civil Judge of respective jurisdiction. It is further clarified that if only one of betrothed person is foreigner/foreign National, proof/justification shall be only in relation to him. Apparently, Article 248 in alternative confers jurisdiction on Civil Court to grant permission for registration of marriage on proof/justification. The proof/justification must be in respect of capacity to marry under respective National laws. 6. In present case, petitioner is Russian Passport holder. She has produced on record copy of Passport having validity from 10.03.2023 to 10.03.2028, birth certificate certifying her date of birth to be 18.03.1973, certificate of divorce dated 24.01.2023 depicting that her marriage with Dmitry Evgenievich Ermakov has been dissolved and (4) wp-663-2026.odt entry in divorce record is made regarding termination of marriage by order passed by decision of Justice of Peace dated 05.09.2022, Judicial District No.43 of Saint Petersburg and Certificate of Absence of State Registration of Civil Status Act of marriage registration in name of petitioner. The petitioner has also produced Residence Certificate, Divorce Decree passed by District Judge, Mandi, Himachal Pradesh in HMP No.48/2011 in respect of fiance Mr. Ssherie Y Puri. 7. Perusal of impugned order depicts that Civil Judge declined to entertain petitioner’s prayer in terms of Article 248 of Code of Civil Registration on ground that there are discrepancies in name of fiance of petitioner as seen in birth certificate and name mentioned on divorce petition. Further, his place of residence is shown in Himachal Pradesh, whereas he produced residence certificate showing he is native of ‘Vanelim’ and petitioner has not produced material to satisfy that previous marriage of fiance is dissolved in order to register marriage. 8. The aforesaid observation of Trial Court considers discrepancies in documents of fiance of petitioner. In fact petitioner had approached Civil Court under Article 248 of Portuguese Civil Code, 1867 seeking to justify her capacity to solemnize marriage before employee of Civil Registration and seeking to justify her capacity to get married. Article 248 clarifies that in case only one of betrothed person is foreigner/foreign national, proof/justification shall be considered only in (5) wp-663-2026.odt relation to him/her. The order impugned nowhere depicts consideration of petitioner’s capacity to marry. 9. The documents on record clearly depicts that petitioner was born on 18.03.1973. Her previous marriage has been dissolved on 07.10.2022 on basis of decision of Justice of Peace dated 05.09.2022, Judicial District No.43 of Saint Petersburg and entry in divorce record was made on 24.01.2023. After dissolution of marriage, she has been assigned surname as ‘Kotovskaia’ She has also produced certificate of Absence of Status Registration of Civil Status dated 18.03.2026 certifying that during period from 08.10.2022 to 17.03.2026 there is no marriage registration in her name with Department of Civil Status Registration, District Saint Petersburg. 10. In this backdrop, this Court finds that there is no impediment to certify her capacity to get married, particularly in absence of any material to show her incapacity to get married under her National laws. Needless to state here that present declaration would certify capacity to marry in favour of petitioner as per her National laws being Russian National. On presentation of such certificate, learned Registrar can independently verify capacity of petitioner’s fiance to get married, if so required under law. (6) wp-663-2026.odt 11. In result, Writ Petition succeeds and allowed in terms of prayer Clause (B), which reads thus: “B. Issue a Writ of Certiorari or any other appropriate writ, order or direction calling for the records and proceedings of Portuguese Civil Miscellaneous Application No.152/2026/II from the Court of the Learned Civil Judge Senior Division, IInd Additional Court, Margao-Goa, and after examining the legality, correctness and propriety thereof, be pleased to quash and set aside the Judgment and Order dated 30.06.2026 passed therein and consequently grant permission for registering the marriage.” (S. G. CHAPALGAONKAR) JUDGE Devendra/August-2026 Signed by: TARI AMRUT NAGESH Designation: Private Secretary Date: 16/09/2026 16:24:09