Bombay High Court

FREEDA FERNANDESversusDOMNIC ROSARIO RODRIGUES AND ANR

Disposal: Allowed

Holding

The High Court confirmed the foreign divorce decree and ordered the cancellation of the marriage registration.

Summary

Freeda Fernandes, a Portuguese citizen, filed a miscellaneous civil application in the Bombay High Court at Goa under the Portuguese Code of Civil Procedure to have a UK Family Court divorce decree dated 27‑08‑2024 reviewed and confirmed, and to direct the Civil Registrar of Mormugao to cancel the marriage registration of her marriage to Domnic Rosario Rodrigues. The marriage was solemnised in Goa on 30‑12‑2017 and registered under No.45/2018. The court examined the applicability of Articles 1100‑1102 of the Portuguese Code, noting that while Article 1102 was repealed by Section 13 of the Indian Code of Civil Procedure, 1908, Article 1100 remains in force. Relying on the precedent Saturnino Epfanio Ralph Barros v. Tina Noronha Barros, the court held that the foreign decree could be confirmed. The respondent failed to appear despite service. Consequently, the court confirmed the foreign divorce decree and ordered the cancellation of the marriage registration, disposing the application.

Issues considered

Whether a divorce decree passed by a foreign court (UK) can be reviewed and confirmed under Articles 1100‑1102 of the Portuguese Code of Civil Procedure in India.
Whether the repeal of Article 1102 by Section 13 of the Indian Code of Civil Procedure affects the confirmation process.
Whether the High Court has jurisdiction to confirm the foreign decree and direct cancellation of a marriage registration in Goa.
Whether the cancellation of the marriage registration is warranted following a mutually consented foreign divorce.

Legislation cited

Civil Procedure Code (India) — s. 13, 14
Code of Civil Procedure, 1908 (India) — s. 13
Portuguese Code of Civil Procedure, 1939 — s. 1100, 1101, 1102

Subjects

foreign judgment confirmation
divorce
marriage registration cancellation
Portuguese law
jurisdiction
mutual consent divorce
High Court
Goa
civil procedure

Judgment

2026:BHC-GOA:1779
                                            (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
                              (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

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