Alvaro Pares Da Costa v. State Of Goa, Thr. Chief Secretary And 2 ORS
2025:BHC-GOA:1609 Meena
IN THE HIGH COURT OF BOMBAY AT GOA
MISC. CIVIL APPLICATION (MAIN) NO. 9 OF 2025 Alvaro Peres Da Costa, S/o Joaquim Eleuterio Das Dores Peres Da Costa, Age 81 years, R/o H. No. 1062, Povoacao, Near St. Alex Church, Curtorim, Salcete, South Goa, 403709 ...Applicant V/s 1.
State of Goa hrough Chief Secretary, Secretariat, Porvorim, Goa.
2.
he Sub-Registrar, Civil Cum Sub registrar Oice of Tiswadi, Spaces building, 2nd Floor, Patto Centre, Panaji, Goa.
3.
Noelle Paulina Filomena De Lima Peres Da Costa D/o Domingos Rosario De Lima, Age 75 R/o Unit No. 282, 33 Hill Road, Wentworth Point, NSW Australia 2127 ....Respondents Mr. Sanman Keny, Advocate for the Applicant.
CORAM
: VALMIKI MENEZES, J.
DATED : 21st AUGUST, 2025.
1 of
ORDER:
1.
Registry to waive oice objections and register the matter. Heard learned Advocate Mr. Sanman R Keny for the Applicant-Husband. he Respondent No.3-Wife, though served and provided with the video conferencing link to appear in-person, if he so desired did not appeared on 18.07.2025 when the matter was called out and an opportunity was given and further on 21.08.2025 after which this order was passed. 2.
his is an application for conirmation of a Foreign Judgment/Decree granting Divorce to the Petitioner. he application has been iled under Article 1101 of the Portuguese Civil Procedure Code read with Section 13 of the Civil Procedure Code.
3.
he parties had registered their marriage before the Oice of the Civil cum Sub Registrar, Panaji, Goa and entry to that efect has been made under No. 196 dated 19.05.1972 under Receipt No. 18/10 in the Marriage Registration book of the year 1972. Parties have thereafter been residing in Australia. 4.
he Applicant sought a Decree of Divorce by iling proceedings before the Federal Circuit Court of Australia (he 2 of
Australia Court) on the grounds that the marriage between the Applicant and Respondent No. 3 had broken down irretrievably and that there was no resumption of cohabitation between them. From the record of the Australian Court it appears that no contest was ofered by the Respondent in the proceedings.
5.
By a Decree and Order of the Australia Court dated 06.02.2014, passed in the said Divorce Petition, the marriage between the parties stood terminated with efect from 07.03.2014.
6.
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. he order appears to be passed on merits and after notice was issued to the Respondent. Consequently, the application is allowed. he Final Order dated 06.02.2014 passed by the Australia Court is conirmed and held as inal and conclusive. 7.
Consequently, the Civil Registrar cum Sub Registrar, Panaji, Goa is directed to make appropriate endorsement against the Entry No. 196 dated 19.05.1972 under Receipt 3 of
No. 18/10 in the Marriage Registration Book of the year 1972, recording conirmation of the aforementioned Final Order of Divorce and cancel such registration.
8.
he order is made absolute in the above terms. 9.
he present application stands disposed of.
VALMIKI MENEZES, J.
4 of Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 02/09/2025 11:16:07