RENETTA RODRIGUES Vs. LEVINO MARIANO FERNANDES

JUDGEMENT

(1.) This is an application under Article 1101 of the Portuguese Code of Civil Procedure, 1939 (for short, PCCP) praying for confirmation of the judgment and decree dtd. 23/2/2021 (Decree Nisi) issued by the Family Court at Birmingham, United Kingdom, whereby the divorce Petition as filed by the petitioner against the respondent no. 1 on the ground that the respondent no. 1 had treated the petitioner with cruelty has been decreed in terms of such orders. The said decree was thereafter made absolute by an order dtd. 7/4/2021. The Decree Nisi and the order dtd. 7/4/2021 are annexed to the present application as Exhibit-C and Exhibit-B respectively.

(2.) It is the case of the petitioner that the petitioner got married to respondent no. 1 in Goa on 13/1/2017. The certificate of registration of marriage issued by the Civil Registrar dtd. 24/1/2017 is annexed at Exhibit-A in original. It is the petitioner's case that after the marriage, the petitioner along with respondent no. 1 migrated to the United Kingdom, where they resided during the period 1/6/2017 to 30/6/2017. During such period, there were serious issues of compatibility between them. It is the petitioner's case that the petitioner was treated with cruelty by respondent no. 1. Consequently, the petitioner instituted divorce proceedings before the Family Court sitting at the Courts and Tribunals Service Centre, HM Courts and Tribunals Service sitting at Birmingham (for short, the U.K. Court) praying for a decree of divorce. The proceedings before such Court proceeded ex-parte as respondent no. 1 did not appear in the said proceedings. Ultimately, the learned Judge proceeded ex-parte and decreed the petitioner's divorce petition by issuing a Decree Nisi dtd. 23/2/2021. In granting such decree, the learned Judge categorically observed that "?the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent "?. The learned Judge held that the marriage solemnized between the parties on 13/1/2017 at Civil Registration office of Tiswadi, Panaji, Goa, has broken down irretrievably and accordingly, granted a decree of divorce in favour of the petitioner as per the laws in U.K. The Court also ordered that the petitioner could apply for decree to be made absolute after 7/4/2021. The petitioner, accordingly, had taken steps for the decree to be made absolute. An order making the decree absolute, came to be granted by the U.K. Court on 7/4/2021.

(3.) On the above premise, the petitioner has approached this Court praying that the decree dtd. 7/4/2021 passed by the U.K. Family Court [sitting at the Courts and Tribunals Service Centre, U.K.] in Case No. ZZ20D75707 be finalized as also, for a further relief that a direction be issued to the Civil Registrar of Tiswadi, Panaji, Goa, for cancellation of Entry No. 62/2017 in the Marriage Registration Book for the year 2017.