Arpita Avadhut Naik., v. Siddhesh Shripad Daptardar, Rep. By Poa, Shripad Vishwanath Daptardar.,
IN THE HIGH COURT OF BOMBAY AT GOA
MISC. CIVIL APPLICATION (MAIN) NO. 541 OF 2019 Arpita Avadhut Naik ...
Applicant
Versus
Siddhesh Daptardar ...
Respondent *** Ms. Ketaki L. Pednekar, Advocate for the Applicant. CORAM : C.V. BHADANG, J.
DATE : 17 th July, 2019 ORAL ORDER:
Leave to correct the cause title granted. Necessary correction to be carried out forthwith.
2.
This is an application for confirmation of a decree of divorce dated 15.11.2018, by the Court of First Instance at Geneva, Swizerland, dissolving the marriage between the parties. A perusal of the English translation of the judgment and decree dated 15.11.2018 shows that it is based on a joint application filed by the parties.
3.
Mr. Shripad Daptardar, who is the father and special Power of Attorney holder of the respondent is personally present before the Court. A perusal of the special Power of
Attorney dated 23.05.2019 shows that he has been inter alia authorized to appear in an application for ratification and confirmation of decree of divorce. He has no objection for confirmation of the decree as passed.
4.
It appears that the decree, which is subject matter of this application, is based on the joint application of the parties and thus, can be treated as decree by consent, which is a ground available in the Family Laws of Goa.
5.
In that view of the matter, the application is allowed in terms of prayer clauses (a) and (b), which read thus: a.
Judgment dated 15.11.2018 passed by the Honourable Court of First Instance, 13th Division, Republic and Canton of Geneva in Reference No. C/21807/2018-13 and registered as Proceeding No. JTPI/17905/ 2018, be declared as final, ratified, sanctioned and confirmed.
b.
That the office of Civil cum SubRegistrar of Bardez at Mapusa be directed to cancel the entry of marriage registered between applicant and the respondent bearing No. 1730/13, against entry no.
550/12 of the Marriage Registration Book for
the year 2012 of the Civil Registration Office of Bardez, Mapusa, Goa.
C.V. BHADANG, J.
EV