LIVIA COLACOversusCRUZ CARDOZ

2026:BHC-GOA:1811
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                         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,
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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
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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.
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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