Allency Christy Barreto v. Melcorn Benson Fernandes

2025:BHC-GOA:2585

IN THE HIGH COURT OF BOMBAY AT GOA

MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.21 OF 2025 Allency Christy Barreto, D/o Angelisto Barreto, 35 years of age, service, Permanent resident of H. No. 361/B, Muthal, Sadolxem, South Goa-403702 Presently residing at248 Ealing Road, Wembley, Brent, HAO 4QL United Kingdom, duly represented by Mr Shawn D'Sa, Aged 41 years, resident of Flat No.8 SF, Gaffino Towers, Bellem, Navelim, Salcete Goa Vide Power of Attorney dated 11.07.2025.

.... Applicant/Petitioner.

Versus

Melcorn Benson Fernandes, S/o Menino Fernandes, Major in age, service, Resident of H.No. 156/2 Pansulem, Nagercem, Palolem, Canacona, Goa.

.... Respondent.

Mr. Tarshish Pereira with Mr. S. Aguiar, Advocates for the Applicant. None present for the Respondent.

CORAM: VALMIKI MENEZES, J.

DATED: 04th DECEMBER, 2025.

ORAL ORDER:

1.

Registry to waive office objections and register the matter.

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.

Notice to the Respondent has been served through this Court on his email address. When the matter is called out today, none appears in person or through video-conferencing considering that the video-conferencing link has been incorporated in the notice.

4.

The parties had registered their marriage before the Civil Registrar cum Sub-Registrar of Canacona, South Goa and an entry to that effect has Correction carried out in view of Order dated 05.01.2026.

Sd/- been made under No.125/2016 dated 30.12.2015 in the Marriage Registration book of the year 2016.

5.

Due to differences which arose between the parties, they mutually filed proceedings for dissolution of marriage registered in Goa, before the HM Courts and Tribunal Service, Birmingham, United Kingdom in Case No. 1657-2068-7246-2079 and vide order dated 19.01.2023, conditional order granting divorce was passed.

6.

By a Final Order dated 02.04.2023, by the HM Courts and Tribunal Service, Birmingham, United Kingdom, the conditional order was made final, a Certificate of Final Order (Divorce) was issued to that effect.

7.

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 Final Order dated 02.04.2023 by HM Courts and Tribunal Service, Birmingham, United Kingdom, is confirmed and held as final and conclusive.

8.

The marriage of the Petitioner with the Respondent shall stand dissolved on the confirmation of this Foreign Decree. Consequently, the Civil Registrar cum Sub-Registrar of Canacona, South Goa, is directed to make Correction carried out in view of Order dated 05.01.2026.

Sd/- appropriate endorsement against the Entry No. 125/2016 dated 30.12.2015 in the Marriage Registration book of the year 2016, recording confirmation of the aforementioned Decree 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.

Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 05/01/2026 15:28:52