Mrs. Christie Carmen De Cruz Vs Mr. Marian Dias — Bombay HC (2025) — LawSathi Research

Mrs. Christie Carmen De Cruz Vs Mr. Marian Dias — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application for confirmation of the Foreign Judgment/Decree of Divorce allowed; Final Order dated 22.05.2024 of the HM Courts & Tribunals Service, United Kingdom confirmed and held final and conclusive; marriage dissolved; Civil Registrar directed to endorse Entry No.311/2008 dated 29.08.2024 in the Marriage Registration book of 2008 recording confirmation of the Divorce Decree and cancel such registration; order made absolute and application disposed of.

Issue for consideration

Whether the Foreign Judgment/Decree granting Divorce to the Applicant (Final Order dated 22.05.2024 of the HM Courts & Tribunals Service, United Kingdom) ought to be confirmed under Article 1101 of the Portuguese Civil Procedure Code read with Section 13 of the Civil Procedure Code.

Court's answer

The conditions of the Final Order dated 22.05.2024 passed by the HM Courts & Tribunals Service, United Kingdom do not appear to be based on law contrary to the Public Policy of India and appear to conform with the laws applicable to the parties within the State of Goa; consequently the application is allowed and the Final Order is confirmed and held final and conclusive.

Ratio / Principle

The marriage of the Applicant with the Respondent stands dissolved on confirmation of the Foreign Decree; the Civil Registrar is directed to make an appropriate endorsement against Entry No.311/2008 dated 29.08.2024 in the Marriage Registration book of the year 2008 recording confirmation of the Decree of Divorce and cancel such registration.

Detailed headnote1 paragraphs

Confirmation of foreign divorce decree — Application under Article 1101 of the Portuguese Civil Procedure Code read with Section 13 of the Civil Procedure Code — Final Order dated 22.05.2024 of the HM Courts & Tribunals Service, United Kingdom dissolving the marriage held not to be a judgment based on law contrary to the Public Policy of India and conforming to the laws applicable to the parties within the State of Goa — Foreign decree confirmed and held final and conclusive — Marriage of the parties stood dissolved on confirmation — Civil Registrar directed to make appropriate endorsement against Entry No.311/2008 dated 29.08.2024 in the Marriage Registration book of the year 2008 recording confirmation of the Divorce Decree and to cancel such registration — Respondent served through WhatsApp pursuant to Court's order dated 17.09.2025 — Application allowed and disposed of (Valmiki Menezes, J.).

22 MCAM 16-2025

2025:BHC-GOA:2073

Jose

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION (MAIN) NO.16 OF 2025

Mrs. Christie Carmen De Cruz d/o Rosario Antonio De Cruz, 36 years, service, Portuguese National, Overseas Citizen of India, R/o H. No. 174, Manxe Bhatt, Azossim, P.O. Box Neura, Tiswadi Goa-403401, presently resident of Flat No. 68, Terrance Apartments, 40, Dayton Park, London, N5 1PW ... Applicant.

Versus

Mr. Marian Dias, s/o Agostino Dias, Major of Age, Indian National, R/o H. No. 216, Near Ganesh Temple, New Vaddem, Vasco da Gama, Mormugao-Goa, presently resident at 135c High Street 108B, High street Hounslow, TW2 1QL United Kingdom email; [email protected] (m) +447404366569 ... Respondent.

Mr. A. Tari, Advocate for the Petitioner.

CORAM: VALMIKI MENEZES, J. DATED: 16^th October, 2025

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P.C:

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. The Respondent was served by the Advocate for the Applicant through WhatsApp pursuant to the order of this Court dated 17.09.2025. Learned Advocate for the Applicant placed on record his Affidavit of Service.

4. The parties had registered their marriage before the Civil Registration Office of Mormugao at Vasco Goa and entry to that effect has been made under No.311/2008 dated 29.08.2024 in the Marriage Registration book of the year 2008.

5. Due to differences which arose between the parties, the Applicant filed proceedings for dissolution of marriage registered in Goa, before the Family Court, HM Courts and Tribunal Service, United Kingdom, bearing case no.1683-7147-9866-8123 and vide order dated 05.04.2024, a conditional order was passed

6. By a Final Order dated 22.05.2024, passed by the HM Courts & Tribunals service, United Kingdom, the conditional order was

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22 MCAM 16-2025

made final. The order of 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 22.05.2024 passed by the HM Courts & Tribunals service, United Kingdom is confirmed and held as final and conclusive.

8. 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.311/2008 dated 29.08.2024 in the Marriage Registration book of the year 2008, 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.

Page 3 of 3 16^th October, 2025

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 17/10/2025 10:27:15