Bombay High Court
ANNA NIKOLAEVNA KOTOVSKAIAversusTHE STATE OF GOA THR THE CHIEF SECRETARY AND ANR
- Disposal
- Allowed
Holding
Under Article 248, only the foreign national's capacity need be proved, and the trial court erred; the petition is allowed.
Summary
Miss Anna Kotovskaia, a Russian passport holder and divorcee residing in Goa, sought permission to register her marriage to Indian citizen Ssherie Y. Puri under Article 248 of the Portuguese Civil Registration Code. The Civil Judge dismissed her application, citing discrepancies in the fiance's documents and questioning his capacity to marry. The petitioner argued that the statute requires proof of capacity only for the foreign national when one party is a foreigner, and that the trial court erred by scrutinizing the fiance's documents. The High Court examined the provisions of Article 248, noted that the petitioner had produced ample evidence of her capacity to marry, and found no impediment under Russian law. Consequently, the Court held the trial court’s order erroneous, quashed it, and granted the petitioner's request for a certificate of capacity and permission to register the marriage.
Issues considered
- Whether Article 248 of the Portuguese Civil Registration Code requires proof of capacity to marry only from the foreign national when only one party is a foreigner.
- Whether the Civil Judge erred in examining the fiance's documents and dismissing the application.
- Whether the petitioner is entitled to a certificate of capacity to marry and registration of marriage in Goa.
Legislation cited
- Portuguese Civil Registration Code — s. Article 248
Subjects
- marriage registration
- foreign national
- capacity to marry
- Article 248
- Portuguese Civil Code
- Goa civil court
- writ of certiorari
- jurisdiction
- consular proof
Judgment
2026:BHC-GOA:1851
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IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.663 OF 2026
MISS. ANNA NIKOLAEVNA KOTOVSKAIA
VERSUS
STATE OF GOA AND ANR.
…
Mr. Abhijeet Gosavi with Mr. B. Korgaonkar with Ms. Shweta
Shetgaonkar, Advocates for Petitioner.
Mr. S. P. Munj, Additional Government Advocate for Respondent Nos.1
and 2.
…
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 16th SEPTEMBER, 2026.
FINAL ORDER:-
1. The petitioner impugns order dated 30.06.2026 passed by Civil
Judge Senior Division, Margao-Goa, thereby dismissing Portuguese
Civil Miscellaneous Application No.152/2026/II filed under Article 248
of Cedigo de Registo Civil (Portuguese Civil Registration Code).
2. The petitioner is holder of Russian Passport. She is divorcee and
presently residing at Grande Vanelim, Salcete, Goa. She has no child
from her earlier marriage and there is no personal or legal obligation,
which create any impediment for her to enter into proposed marriage.
During her stay in Goa, she came in contact with her fiance Mr. Ssherie
Y. Puri, an Indian Citizen, resident of Grande Vanelim, Salcete, Goa. He
is also divorcee having daughter aged about 20 years. The petitioner
developed mutual affection, love and trust with Mr. Ssherie. They
decided to solemnize and register their marriage in Goa. There is no
legal impediment for entering into proposed marriage. The petitioner
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had approached Civil Court under Article 248 of Portuguese Civil Code
seeking permission to register marriage before Civil Registrar of
Salcete. However, by impugned order, her application came to be
dismissed.
3. Mr. Abhijeet Gosavi, learned Advocate appearing for petitioner
submits that Court has to consider sufficiency or adequacy of evidence
produced as regards to capacity of parties to marry. Article 248
prescribes that if only one of betrothed person is Foreigner/Foreign
National, proof/justification shall be only in relation to him. However,
Civil Court misdirected itself to scrutinize document and capacity of
petitioner’s fiance in respect of capacity to get married. In support of
his contentions, he relies upon observations of this Court in case of
Dipesh Ambaram Mesuria and Another Vs. State of Maharashtra1.
4. Having considered submissions advanced by learned Advocate
appearing for petitioner, apparently petitioner had approached Civil
Court for grant of permission to marry with Mr. Ssherie Y Puri and
issuance of certificate to that effect before Civil Registrar Office of
Salcete, Goa in order to get registered petitioner’s civil marriage. Article
248 of Code of Civil Registration states as under:
“Article 248 reads as under:
The marriages celebrated in the State of India (Goa) between
foreigners (foreign nationals) belonging to any Country for
which there is already in force or going to be in force the
International Convention of Haya dated 12/06/1902 meant to
1 2008 (1) Mh.L.J. 274.
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regulate conflict of laws in the matter of Marriages, can be
celebrated before the employee of the Civil Registration if the
betrothed persons justify that they are in harmony with the
National laws of each of them in respect of the capacity to get
married by production of certificates from the Diplomatic
agents/Consuls or Consular agents of their Country or by any
proof/justification before the Civil Judge of the respective
Jurisdiction. If only one of the betrothed persons is a
foreigner/foreign national the proof/justification shall be only
in relation to him.”
5. Plain reading of Article 248 would show that foreigner who desire
of getting their marriage registered in State of Goa can move concerned
employee in office of Civil Registrar. The person, who betrothed has to
establish capacity to marry in harmony with respective National laws,
from Diplomatic agents/Consuls or Consular agents of their Country or
by any proof or justification before Civil Judge of respective
jurisdiction. It is further clarified that if only one of betrothed person is
foreigner/foreign National, proof/justification shall be only in relation to
him. Apparently, Article 248 in alternative confers jurisdiction on Civil
Court to grant permission for registration of marriage on
proof/justification. The proof/justification must be in respect of
capacity to marry under respective National laws.
6. In present case, petitioner is Russian Passport holder. She has
produced on record copy of Passport having validity from 10.03.2023 to
10.03.2028, birth certificate certifying her date of birth to be
18.03.1973, certificate of divorce dated 24.01.2023 depicting that her
marriage with Dmitry Evgenievich Ermakov has been dissolved and
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entry in divorce record is made regarding termination of marriage by
order passed by decision of Justice of Peace dated 05.09.2022, Judicial
District No.43 of Saint Petersburg and Certificate of Absence of State
Registration of Civil Status Act of marriage registration in name of
petitioner. The petitioner has also produced Residence Certificate,
Divorce Decree passed by District Judge, Mandi, Himachal Pradesh in
HMP No.48/2011 in respect of fiance Mr. Ssherie Y Puri.
7. Perusal of impugned order depicts that Civil Judge declined to
entertain petitioner’s prayer in terms of Article 248 of Code of Civil
Registration on ground that there are discrepancies in name of fiance of
petitioner as seen in birth certificate and name mentioned on divorce
petition. Further, his place of residence is shown in Himachal Pradesh,
whereas he produced residence certificate showing he is native of
‘Vanelim’ and petitioner has not produced material to satisfy that
previous marriage of fiance is dissolved in order to register marriage.
8. The aforesaid observation of Trial Court considers discrepancies
in documents of fiance of petitioner. In fact petitioner had approached
Civil Court under Article 248 of Portuguese Civil Code, 1867 seeking to
justify her capacity to solemnize marriage before employee of Civil
Registration and seeking to justify her capacity to get married. Article
248 clarifies that in case only one of betrothed person is
foreigner/foreign national, proof/justification shall be considered only in
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relation to him/her. The order impugned nowhere depicts consideration
of petitioner’s capacity to marry.
9. The documents on record clearly depicts that petitioner was born
on 18.03.1973. Her previous marriage has been dissolved on
07.10.2022 on basis of decision of Justice of Peace dated 05.09.2022,
Judicial District No.43 of Saint Petersburg and entry in divorce record
was made on 24.01.2023. After dissolution of marriage, she has been
assigned surname as ‘Kotovskaia’ She has also produced certificate of
Absence of Status Registration of Civil Status dated 18.03.2026
certifying that during period from 08.10.2022 to 17.03.2026 there is no
marriage registration in her name with Department of Civil Status
Registration, District Saint Petersburg.
10. In this backdrop, this Court finds that there is no impediment to
certify her capacity to get married, particularly in absence of any
material to show her incapacity to get married under her National laws.
Needless to state here that present declaration would certify capacity to
marry in favour of petitioner as per her National laws being Russian
National. On presentation of such certificate, learned Registrar can
independently verify capacity of petitioner’s fiance to get married, if so
required under law.
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11. In result, Writ Petition succeeds and allowed in terms of prayer
Clause (B), which reads thus:
“B. Issue a Writ of Certiorari or any other appropriate writ,
order or direction calling for the records and proceedings of
Portuguese Civil Miscellaneous Application No.152/2026/II
from the Court of the Learned Civil Judge Senior Division, IInd
Additional Court, Margao-Goa, and after examining the
legality, correctness and propriety thereof, be pleased to quash
and set aside the Judgment and Order dated 30.06.2026 passed
therein and consequently grant permission for registering the
marriage.”
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/August-2026
Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
Date: 16/09/2026 16:24:09
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