Bombay High Court

LIZBETH CONCEPTION TAVARESversusSTEVE FERRAO AND ANR

Disposal: Allowed

Holding

The High Court confirmed the foreign divorce decree and ordered the cancellation of the marriage registration, as the decree satisfies the requirements of Article 1100 of the Portuguese Code of Civil Procedure and there is no legal impediment to its recognition.

Summary

Mrs. Lizbeth Conception Tavares filed a miscellaneous civil application under Chapter XIII of the Portuguese Code of Civil Procedure, 1939, seeking review and confirmation of a divorce decree dated 08.05.2025 issued by the UK Family Court, and the cancellation of the marriage registration entered in Goa. The court examined the applicability of Articles 1100‑1103 of the Portuguese Code, noting that Article 1100 remains in force while Article 1102 was repealed by Section 13 of the Indian Code of Civil Procedure, 1908. The parties were residents of Margaon, Goa, and the respondent failed to appear despite multiple notices. Relying on the precedent Saturnino Epfanio Ralph Barros v. Tina Noronha Barros, the court held that there was no legal obstacle to confirming the foreign decree. Consequently, the court confirmed the foreign divorce decree and directed the civil registrar to cancel the marriage entry, disposing of the application.

Issues considered

Whether a divorce decree passed by a foreign court (UK Family Court) can be reviewed and confirmed under Chapter XIII of the Portuguese Code of Civil Procedure, 1939 in Goa.
Whether the High Court has jurisdiction to confirm the foreign decree given the parties' residence in Goa.
Whether the marriage registration entry should be cancelled upon confirmation of the divorce.

Legislation cited

Code of Civil Procedure, 1908 — s. 13
Portuguese Code of Civil Procedure, 1939 — s. 1100, 1101, 1102, 1103

Subjects

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

Judgment

2026:BHC-GOA:1788
                                            (1)                       mcam-5-2026.odt



                      IN THE HIGH COURT OF BOMBAY AT GOA
               MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.5 OF 2026

                             MRS. LIZBETH CONCEPTION TAVARES
                                             VERSUS
                                 MR. STEVE FERRAO AND ORS.
                                                 …
               Mr. Ravi Gawas, Advocate for Applicant.
               Mr. Shivdatt P. Munj, Additional Government Advocate for Respondent
               No.2/State.
                                                 …
                                         CORAM : S. G. CHAPALGAONKAR, J.

                RESERVED ON   : 02nd SEPTEMBER, 2026.
                PRONOUNCED ON : 04th 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

               08.05.2025 passed in Case No.1707-9104-3671-1521 by HM Court 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

               Salcete to cancel marriage registration No.1874/2025 of Marriage

               Registration Book of year 2015 between applicant and respondent no.1.


               2.    The applicant-wife states that her marriage was solemnized with

               respondent in State of Goa and marriage is registered before Civil

               Registrar of Salcete, Margaon Goa. Since personal differences arose

               between applicant and respondent, they filed divorce proceeding before
                              (2)                       mcam-5-2026.odt



HM Courts and Tribunal Service, sitting in Family Court vide Case

No.1707-9104-3671-1521, wherein conditional order was passed on

25.03.2025, which was made final on 08.05.2025, thereby certifying

that marriage solemnized on 14.10.2015 at Civil Registration Office,

Salcete at Margaon Goa between applicant and respondent has legally

ended.   The applicant has tendered a notarized copies of original

marriage certificate dated 14.10.2015 and final order dated 08.05.2025.


3.    On 30.03.2026, notice of this application was issued to

respondent. The humdast was permitted in so far as local addresses is

concerned and Registry was directed to issue notice on E-mail of

respondent no.1. On 24.04.2026, in pursuance to service of notice,

father of respondent no.1 appeared before this Court and sought time to

engage an Advocate to represent respondent no.1. Eventually, matter

was posted on board dated 25.06.2026, 13.08.2026, 20.08.2026,

28.08.2026 and 31.08.2026, thereby granting opportunity to respondent

to cause appearance in person or through Advocate. However, none

appeared on behalf of respondent.


4.    Heard Mr. Ravi Gawas, learned Advocate appearing for applicant

and Mr. S. 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
                              (3)                     mcam-5-2026.odt



order dated 08.05.2025. 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 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 Margaon, Goa.

There marriage was solemnized on 14.10.2015 and registered with Civil

Registration Office at Salcete, Margaon 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 no.1 is
1    1997 (2) Goa L.T. 343.
                                (4)                       mcam-5-2026.odt



dissolved by way of consent decree. The respondent failed to remain

present before this Court despite service of notice of this application and

multiple opportunities. 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 08.05.2025 passed by

HM Courts and Tribunal Services, sitting in Family Court at United

Kingdom in Case No.1707-9104-3671-1521 is confirmed.


c.       The respondent no.2 is directed to cancel Entry No.1874/2015

dated 15.10.2025 from Register of Marriage of Marriage Registration

Book of year 2015 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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