Bombay High Court

SELIA ANGELA ESMERALDA FERNANDESversusMICHAEL FERNANDES AND ANR

Disposal: Allowed

Holding

The High Court confirmed the foreign divorce decree and allowed the applications, directing the parties to seek cancellation of the marriage registration entry.

Summary

Michael Fernandes and his wife, Selia Angela Esmeralda Fernandes, were married in Goa in 2001 and obtained a divorce decree dated 16 January 2026 from the HM Courts & Tribunal Service (a foreign court). They filed separate miscellaneous civil applications in the Bombay High Court at Goa under Chapter XIII of the Portuguese Code of Civil Procedure, seeking review and confirmation of the foreign divorce decree and the cancellation of their marriage entry (No. 302/2001) in the local marriage register. The Court examined the jurisdictional provisions of Articles 1100, 1101 and 1102 of the Portuguese Code and noted that, although Article 1102 was repealed by Section 13 of the Indian Code of Civil Procedure, Article 1100 remains operative. Relying on the precedent set in Saturnino Epfanio Ralph Barros v. Tina Noronha Barros, the Court held that there was no legal impediment to confirming a foreign mutual‑consent divorce when such relief is available under Goa law. Consequently, the Court confirmed the foreign divorce decree, allowed the applications, and directed the parties to approach the civil registrar to cancel the marriage entry.

Issues considered

What jurisdiction does the High Court have to review and confirm a foreign divorce decree under the Portuguese Code of Civil Procedure?
Whether the foreign decree granting divorce by mutual consent should be confirmed given that mutual‑consent divorce is permissible under Goa law?
Whether the marriage registration entry can be cancelled following confirmation of the foreign divorce decree.

Legislation cited

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

Subjects

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

Judgment

2026:BHC-GOA:1832
                                          (1)                      MCAM 13 of 2026.odt



                         IN THE HIGH COURT OF BOMBAY AT GOA
                    MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.13 OF
                                         2026

                                   MICHAEL FERNANDES
                                         VERSUS
                              THE STATE OF GOA AND 2 OTHERS

               Mr. A. Gomes Pereira, Advocate for Applicant.
               Mr. Geetesh Shetye, Additional Govt. Advocate for Respondent No.1
               and 2.
               Ms. Prachita Kalangutkar, Advocate for Respondent No. 3.

                                         AND
                    MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.18 OF
                                         2026
                          SELIA ANGELA ESMERALDA FERNANDES
                                        VERSUS
                            MICHAEL FERNANDES AND OTHERS

               Ms. Prachita Kalangutkar, Advocate for Applicant.
               Mr. A. Gomes Pereira, Advocate for Respondent No.1
               Mr. Geetesh Shetye, Additional Govt. Advocate for Respondent No.2
                                                …

                                        CORAM : S. G. CHAPALGAONKAR, J.
                                        DATE : 10th SEPTEMBER, 2026

               FINAL ORDER:-

               1.     The present applications are 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 16.01.2026 passed in Case No.1743-3711-9819-0048 by HM

               Courts & Tribunal Services (hereinafter referred as ‘Foreign Court’).

               The applicant further seeks direction against Civil Registrar-cum-Sub

               Registrar of Tiswadi, Panaji, Goa to cancel marriage registration

               No.302/2001 from Marriage Registration Book of year 2001 between
                               (2)                    MCAM 13 of 2026.odt



husband and wife who are applicant and respondent in respective

applications.


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 Tiswadi, Panaji, Goa. Since personal

differences arose between applicant and respondent, they filed divorce

proceeding before HM Courts and Tribunal Service, Sitting in the

Family Court, Case No.1743-3711-9819-0048, wherein conditional

order was passed on 03.12.2025, which was made final on 16.01.2026,

thereby certifying that marriage solemnized on 14.02.2001 at Civil

Registrar-cum-Sub Registrar of Tiswadi, Panaji, Goa between applicant

and respondent has legally ended. It was registered against Entry no.

302/2001. The applicant and respondent in respective applications have

tendered notarized copies of original marriage certificates along with

final order dated 16.01.2026


3.    Heard learned Advocates appearing for respective parties.


4.    Apparently, Foreign Court ordered and decreed that applicant and

respondent in respective applications are divorced from bonds of

matrimonial vide final order dated 16.01.2026.        Article 1100 of

Portuguese Code of Civil Procedure stipulates that no judgment on

private rights, passed by Foreign Court or Foreign Arbitrators, shall
                              (3)                       MCAM 13 of 2026.odt



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 petitioner is domicile or resides shall have jurisdiction. Article 1102

stipulates requisites necessary for confirmation.


5.       The documents tendered before this Court demonstrates that

applicant and respondent are originally residents of Goa. There marriage

was solemnized on 14.02.2001 and registered with Civil Registration

Office at Tiswadi, Panaji, 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.


6.       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. 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)                       MCAM 13 of 2026.odt



reason to refuse confirmation of divorce granted by Foreign Court.

Hence, following order:

                                     ORDER

a.       Miscellaneous Civil Applications are allowed.


b.       The judgment and decree of divorce dated 16.01.2026 passed by

HM Courts and Tribunal Service, Sitting in the Family Court in Case

No. 1743-3711-9819-0048 is confirmed.


c.       Applicants shall be at liberty to approach Respondent No.2 to

cancel Entry No.302/2001 from Marriage Registration Book of year

2001 between applicant and respondent.


d.       Miscellaneous Civil Applications stand disposed of in aforesaid

terms.


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

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