Bombay High Court

MARTINA VAZ REP. BY HER POA HOLDER, MARCELINE VAZ AND ANRversusOFFICE OF CIVIL REGISTRAR CUM SUB-REGISTRAR

Disposal: Allowed

Holding

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

Summary

The applicants were married in Goa on 27‑12‑2014 and later moved to Canada, where they obtained a mutual‑consent divorce from the Superior Court of Justice in Toronto (order dated 28‑05‑2025, effective 28‑06‑2025). They filed a miscellaneous civil application in the Bombay High Court (Goa bench) under Chapter XIII of the Portuguese Code of Civil Procedure seeking confirmation of the foreign divorce decree and direction to cancel their marriage entry in the Goa marriage register. The Court examined the applicability of Articles 1100‑1102 of the Portuguese Code, which require foreign judgments on private rights to be reviewed and confirmed by a High Court having jurisdiction over the parties. Relying on the precedent Saturnino Epfanio Ralph Barros Vs. Tina Noronha Barros and noting that mutual‑consent divorce is recognised under Goa law, the Court found no impediment to confirming the foreign decree. Consequently, the Court confirmed the Canadian divorce order, allowed the applicants to approach the civil registrar to delete the marriage entry, and disposed of the application.

Issues considered

Whether a foreign divorce decree granted by a Canadian court can be reviewed and confirmed under the Portuguese Code of Civil Procedure, 1939, for parties domiciled in Goa.
Whether the confirmed foreign decree can be used to cancel the marriage registration in Goa.
Whether any provision of Indian or Goan law bars recognition of a mutual‑consent foreign divorce.

Legislation cited

Code of Civil Procedure, 1908 — s. 13
Portuguese Code of Civil Procedure, 1939 — s. 1100, 1101, 1102

Subjects

divorce
foreign judgment recognition
confirmation of decree
marriage registration cancellation
mutual consent divorce
Portuguese Code of Civil Procedure
High Court
Goa

Judgment

2026:BHC-GOA:1956
(1) MCAM 17 of 2026.odt

IN THE HIGH COURT OF BOMBAY AT GOA
MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.17 OF
2026

MARTINA VAZ AND ANOTHER
VERSUS
OFFICER OF CIVIL REGISTRAR CUM SUB-REGISTRAR
…
Ms. Gloria D’Souza, Advocate for Applicants.
Mr. S.P. Munj, Additional Government Advocate for Respondent.
…
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 01st OCTOBER, 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

28.05.2025 passed in Case No.FS-24-00042974-0000 by Superior Court

of Justice, at 361 University Ave., Toronto ON M5G 1T3, Ontario,

Canada (hereinafter referred as ‘Foreign Court’). The applicants further

seeks direction against Civil Registrar-cum-sub Registrar of Tiswadi,

Panaji, Goa to cancel marriage registration dated 26.11.2025, registered

under Entry No.02/2015 of Marriage Registration Book of year 2015

between applicants.

2. The applicants states that thier marriage was solemnized in State

of Goa on 27.12.2014 and marriage is registered before Civil Registrar-

cum-sub Registrar of Tiswadi, Panaji, Goa . They were residing in

Canada since July 2015 and September 2014 respectively. Applicant no.

1 approached the Foreign Court filing an application for divorce bearing
(2) MCAM 17 of 2026.odt

Case No.FS-24-00042974-0000, seeking divorce on the ground that

they had been seperated for at least one year and failed to reconcile.

3. Minutes of Settlement were signed among the applicants and by

order dated 17.01.2025 passed by Foreign Court it was permitted either

of the applicant to proceed for a divorce, reiterating and finalizing the

Minutes of Settlement and further directing that the divorce be severed

from all corollary relief. Following an Affidavit seeking a divorce in

terms of the Order dated 17.01.2025, Foreign Court was pleased to grant

a divorce to Applicants vide Order dated 28.05.2025 which was to take

effect 31 days after the date of this order. Accordingly the divorce took

effect on 28.06.2025 and electronic Certificate of Divorce dated

02.07.2025 was issued to the applicants which was duly signed on

10.07.2025 by the concerned authority, thereby certifying that marriage

solemnized on 27.12.2014 at Civil Registrar-cum-sub Registrar of

Tiswadi, Goa between applicants has legally ended. The applicants

have tendered photocopy of original marriage certificate dated

26.11.2025 and notarized copy of Divorce order dated 28.05.2025

along with Certificate of Divorce dated 10.07.2025.

4. Applicants were represented by Power of Attorneys namely Mrs.

Marceline Vaz and Mrs. Sara Juliana Pereira respectively. On

31.08.2026, notice of this application was issued to respondent.
(3) MCAM 17 of 2026.odt

5. Heard Ms. Gloria D’Souza, learned Advocate appearing for

applicants and Mr. S. P. Munj learned Advocate appearing for the

Respondent.

6. Apparently, Foreign Court ordered and decreed that applicants are

divorced from matrimonial bonds since 28.06.2025 vide Divorce order

dated 28.05.2025. 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 applicant is domicile or resides shall have

jurisdiction. Article 1102 stipulates requisites necessary for

confirmation.

7. The documents tendered before this Court demonstrates that

applicants are originally residents of Goa. Their marriage was

solemnized on 27.12.2014 and registered with Civil Registration Office

at Tiswadi, Goa. In case of Saturnino Epfanio Ralph Barros Vs. Tina

Noronha Barros1, this Court held that Article 1102 of PCCP stood

1 1997 (2) Goa L.T. 343.
(4) MCAM 17 of 2026.odt

repealed with coming into force Section 13 of Code of Civil Procedure,

1908. However, Article 1100 continues to have force of law.

8. The notarized copy of foreign judgment and decree passed by

Competent Court of jurisdiction is produced before this Court.

Apparently, applicant’s marriage is dissolved by way of consent decree.

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 28.05.2025 effective

from 28.06.2025 passed by Superior Court of Justice, at 361 University

Ave., Toronto ON M5G 1T3, Ontario, Canada in Case No.FS-24-

00042974-0000 is confirmed.

c. The Applicants shall be at liberty to approach the Civil Registrar-

cum-sub Registrar to cancel Entry No.02/2015 dated 26.11.2025 from

Marriage Registration Book of year 2015 between applicants.

d. Miscellaneous Civil Application stands disposed of in aforesaid

terms.

(S. G. CHAPALGAONKAR)
JUDGE
Devendra/September-2026

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