Samir Ratnakant Mardolkar v. Shubhra Samir Mardolkar

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION (MAIN) NO. 11 OF 2024 Mr SAMIR RATNAKANT MARDOLKAR S/O. Mr. Ratnakant Mardolkar Age 51 years old, Singaporean National Holding NRIC No.S7387749/J, Passport No. K4605595 E Presently residing at 752, Bedok Reservoir Road, #02-08, Singapore 479257.

.....Petitioner/Applicant

Versus

MRS. SHUBHRA SAMIR MARDOLKAR D/O. Late Mr. Ram Bihari Lal, Age 50 years old, Indian National, Holding NRIC No.S7488522E and Indian passport N9125551 Presently residing at 262 joo Chiat place, 05-01, Pare Bleu, Singapore - 427944.

Email: shubhra_singapore@yahoo.com .....Respondent Page 1 of

Mr. Venkatesh Ameya Nayak Salatry, Advocate for the Applicant. None for the Respondent.

CORAM : VALMIKI MENEZES, J.

DATED : 12TH FEBRUARY, 2025.

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 Registry of this court via email, as confirmed by endorsement dated 20.01.2025, pursuant to the order of this court dated 08.01.2025. None appeared for the Respondent physically or virtually when the matter was called out today.

3.

The parties had registered their marriage before the Civil Registration Office of Bardez at Mapusa and entry to that effect has been made under No. 06/03 dated 30.08.2018 in the Marriage Registration book of the year 2003. Parties have thereafter been residing in Singapore.

4.

Due to differences which arose between the parties, the Petitioner and the Respondent entered into a Deed of Separation which was executed on 30.09.2017.

5.

Thereafter, with the intention to legally terminate the marriage solemnized and registered in Goa, the Petitioner instituted divorce proceedings before the Family Justice Courts of the Republic of Singapore, Singapore Court, Singapore (the Singapore Court). The Singapore Court passed an Interim Judgment dated 04.04.2019, dissolving the marriage on the ground that each party has behaved in such a manner that they cannot reasonably be expected to live with each other unless sufficient cause is shown to the court within three months from the date of this judgment. The

parties were granted joint custody of the child, with care and control of the child to the Respondent.

6.

By a Final Judgment of the Singapore Court dated 11.02.2021, the Interim Judgment dated 04.04.2019 was made final, and divorce was granted to the parties by way of mutual consent, recording that no sufficient cause for refusing to grant the Decree was shown to the court within three months from the Interim Judgment. A Certificate of Final Judgment (Divorce) was issued to that effect.

7.

Further, vide order dated 07.01.2021, the Singapore Court imposed certain conditions contained therein. The Petitioner was directed to place on record an Affidavit recording his full compliance with the terms of the order dated 07.01.2021 of the Singapore Court; by an Affidavit dated 04.02.2025, placed before this Court today, the Applicant has recorded at paragraph No. 6 thereof full compliance with the aforementioned order dated 07.01.2021.

8.

On perusing conditions of the Final Judgment passed by the Singapore Court on 11.02.2021, 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 Final Judgment dated 11.02.2021 passed by the Singapore Court is confirmed and held as final and conclusive.

9.

The marriage of the Petitioner 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. 06/03 in the Marriage Registration Book of the year 2003 dated 30.08.2018, recording confirmation of the aforementioned Decree of Divorce and cancel such registration.

10.

The order is made absolute in the above terms.

11.

The present application stands disposed of.

VALMIKI MENEZES, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 12/02/2025 15:26:53