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Bombay High CourtMCAM/24/2025allowed

Dorica Fernandes v. Ronald Ubaldo Luis And ANR

2025-12-05Hon'Ble Shri Justice Valmiki Menezes3 pages

2025:BHC-GOA:2401

IN THE HIGH COURT OF BOMBAY AT GOA

MISCELLANEOUS CIVIL APPLICATION (MAIN) NO.24 OF 2025 Dorica Fernandes, D/o Antonio Fernandes, 30 years, OCI, RLo H. No . 8 9571 Pazentar, Resident of Cortalim, Mormugao, Vasco, South-Goa.

...Applicant V/S.

1.Ronald Ubaldo Luis, S/o Ubaldin Leonardo Luis, 32 years, Indian National, R/o H.No. 852 Ubaldo Mansion Resident of Mugalli, Sao Jose de Areal, Verna Salcete South-Goa.

2.The Jt. Civil Registrar II, Salcete Government of Goa, having Office at Margao, Salcete-Goa.

...Respondents

Ms. Ashwini Bandekar, Advocate for the Applicant. CORAM: VALMIKI MENEZES,J.

DATED: 05th 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.

Affidavit of service placed on record. Under this affidavit, the

Applicant has placed on record the screenshot of the service of the Petition on the Respondent No.1 through WhatsApp. The screenshot depicts that the Respondent No.1 has received the notice. A notice of this Court has also been served on Respondent No.1 through email. Endorsement on the farad to that effect has been recorded on 29.11.2025. When the matter was called out twice, the Respondent No.1 failed to appear, though notified. 4.

The parties had registered their marriage before the Civil Registrar II Salcete at Margao, South Goa and entry to that effect has been made under No.1119/2019 dated 28.06.2019 in the Marriage Registration book of the year 2019.

5.

Due to differences which arose between the parties, the Applicant filed proceedings for dissolution of marriage registered in Goa, before the HM Courts and Tribunal Service , Birmingham, United Kingdom in Case No. 1722-7918-8504-9428 and vide order dated 17.06.2025, conditional order granting divorce was passed.

6.

By a Final Order dated 31.07.2025, 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 31.07.2025 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 II Salcete at Margao, South Goa, is directed to make appropriate endorsement against the No.1119/2019 dated 28.06.2019 in the Marriage Registration book of the year 2019, 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: 05/12/2025 18:25:02