Ms. Tanya Da Costa Campos., v. Mr. Serafino Braganca.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION (MAIN) NO. 352 OF 2017 MS. TANYA DA COSTA CAMPOS., ... Appellant

Versus

MR. SERAFINO BRAGANCA., ... Respondent Mr. Shashikant Narayan Joshi and Ms. A. Pai Bir, Advocates for the applicant.

Coram:- C. V. BHADANG, J.

Date:- 14th June, 2017 P.C.

This is an application under Article 1101 of Portuguese Code of Civil Procedure, 1939 for confirmation of the judgment and decree dated 27/09/2016, by which the marriage between the parties has been dissolved on twin grounds, namely of the marriage having irretrievably broken down and the respondent having behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.

2. The marriage between the parties was solemnised on 02/08/2006 and was registered with the Civil Registrar, Ilhas, Panaji under entry No.615/2006. The petitioner filed the petition for divorce before the Family Court at BURY ST. EDMUNDS on the ground that the marriage has broken down irretrievably and that the respondent has behaved in such a way that the

MCAM/352/2017 petitioner cannot reasonably be expected to live with the respondent. Family Court, by an order dated 27/09/2016, has declared the marriage to be dissolved, of which the petitioner is seeking confirmation.

3. The respondent has failed to put in appearance, though served.

4. I have heard Shri Joshi, the learned Counsel for the applicant and perused the record.

5. It is submitted that both the grounds on which the marriage has been dissolved, are available as grounds for dissolution as per the local law. It is submitted that the respondent has failed to contest the divorce petition before the Family Court. Considering the aforesaid circumstances, the application is allowed in terms of prayer clauses (a) and (aa).

6. The application is disposed of.

C. V. BHADANG, J.

SMA