Joseph Felizardo Graciano Baretto v. Maria Carolina Van Der Wende

2025:BHC-GOA:1975 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION (MAIN) NO.13 OF 2025 Mr. Joseph Felizardo Graciano Baretto S/o A.I.F. Baretto Aged 60, Indian National, r/o H. No. 21, Rua de Ourem, Panjim, Goa, 403001 Email:josephb_barreto@yahoo.co.in Phone No. 9822121421 ... Applicant.

Versus

Maria Carolina Van Der Wende D/o Krijn Hendrik Van Der Wende Aged 59, Dutch National, r/o Clazina Kouwenbergzoom, H. No. 296, 3065HG Rotterdam, Holland Email:himarja66@hotmail.com Mobile No.+31620850308 ... Respondent.

Mr. Laban Carvalho, Advocate for the Applicant.

CORAM:

VALMIKI MENEZES, J.

DATED:

ORAL ORDER:

1.

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. 2.

The Respondent was served by the Advocate for the Applicant through WhatsApp pursuant to the order of this Court dated 17.09.2025. The report of the Registry of this Court also records that the Respondent has been served through the Registrar of this Court through Email on the official Email ID of the Respondent, provided by the Applicant.

3.

When the matter was called out, none appeared for the Respondent though she has been served.

4.

The parties had registered their marriage before the Civil Registration Office of Tiswadi, Panaji, North Goa, and an entry to that effect has been made under No.182 of 2000 dated 03.12.1999 in the Marriage Registration book of the year 2000. 5.

The parties have a child during their marriage. Due to differences which arose between the parties, the Respondent filed proceedings for dissolution of their marriage registered in Goa, before the District Court of Rotterdam, Netherlands, bearing Case No.381487/F1 RK 11-1965 and 394050/ F1 RK 12-124 and vide order dated 12.07.2012, the Divorce was granted recording that "the marriage has irretrievably broken down". The order of divorce was issued to that effect.

6.

On perusing conditions of the Final Order passed, the same does not appear to be a Judgment 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. Consequently, the application is allowed. The order has been passed after issuing notice to the Respondent therein. The Final Order dated 12.07.2012 passed by the District Court of Rotterdam is confirmed and held as final and conclusive.

7.

The marriage of the Applicant with the Respondent shall stand dissolved on the confirmation of this Foreign Decree. Consequently, the Civil Registrar is directed to make appropriate endorsement against the Entry No.182 of 2000 dated 03.12.1999 in the Marriage Registration book of the year 2000, recording confirmation of the aforementioned Decree of Divorce and cancel such registration. 8.

The order is made absolute in the above terms. 9.

The present application stands disposed of.

VALMIKI MENEZES, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 09/10/2025 11:11:47