Nicholas Remiguis Edwin Fernandes v. Maria Bulena Ereita Da Piedade And ANR

2025:BHC-GOA:1507 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION (MAIN) NO. 7 OF 2025 MR. NICHOLAS REMIGIUS EDWIN FERNANDES, 59 years of age, Son of Anastasio Fernandes, residing at 28, Little Park Drive, Feltham, TW13 5Hz, United Kingdom.

And presently residing at House No. 144D, Amazing Grace, Tontem, Arossim, Cansaulim, South Goa, Goa ..... Petitioner/Applicant

Versus

1. MRS. MARIA BULENA EREITA DA PIEDADE, Daughter of Mr. Andre Santana Fernandes, 59 years of age, c/o 200/2, 3rd Ward, Colva, South Goa, Goa, 403708. ..... Respondent No. 1

2. THE CIVIL REGISTRAR CUM SUB-REGISTRAR OF SALCETE, Margao, Office of Sub-Registrar cum Civil Registrar of Salcete, South Goa, Goa. ..... Respondent No. 2

Mr. Ketan Morajkar, along with Ms. Dipti Bagkar, Advocates for the Applicant.

Ms. Greta Silveira, Advocate for Respondent No. 1.

CORAM

: VALMIKI MENEZES, J.

DATED : 07TH AUGUST, 2025.

ORDER:

1.

Heard learned Advocate Mr. Ketan Morajkar along with Advocate Ms. Dipti Bagkar for the Applicant/Husband and learned Advocate Ms. Greta Silveira for the Respondent No.1/Wife. 2.

This is an application for confirmation of a Foreign Judgment/Decree granting Divorce to the Petitioner. The application has been filed under Article 1101 of the Portuguese Civil Procedure Code read with Section 13 of the Civil Procedure Code. 3.

The parties had registered their marriage before the Civil Registration Office of Salcete at Margao, Goa and entry to that effect has been made under No. 1175/1992 dated 11.07.1992 in the Marriage Registration book of the year 1992. Parties have thereafter been residing in the United Kingdom.

4.

Due to differences that arose between the parties, the Applicant sought a Decree of Divorce by filing proceedings before the Family

Court at HM Courts & Tribunals Service, U.K. (the U.K. Court) on the ground that the marriage between the parties had broken down irretrievably.

5.

By a Final Order of the U.K. Court dated 29.11.2024, the Conditional Order dated 14.02.2023 was made final, granting divorce to the parties, dissolving their marriage.

6.

The Advocate representing Respondent No. 1, on instructions, states that the said Respondent has no objection to the said Final Order dated 29.11.2024 passed by the U.K. Court being confirmed by this Court.

7.

On perusing the Foreign Order, the same does not appear to be one passed based on law contrary to the Public Policy of India and appears to conform with the laws of the land, as would be applicable to the parties, within the State of Goa. The order appears to be passed on merits and after notice was issued to the Respondent. Consequently, the application is allowed. The Order dated 29.11.2024 passed by the U.K. Court is confirmed and held as final and conclusive. 8.

Consequently, the Civil Registrar of Salcete at Margao is directed to make appropriate endorsement against the Entry No. 1175/1992 dated 11.07.1992 in the Marriage Registration Book of the year 1992, recording confirmation of the aforementioned Final Order of Divorce and cancel such registration.

9.

The order is made absolute in the above terms. 10.

The present application stands disposed of.

VALMIKI MENEZES, J.