DELFINA GONSALVES Vs. FELIX GONSALVES

JUDGEMENT

(1.) This is an application under Article 1101 of the Portuguese Code of Civil Procedure, 1939 (for short, "the PCCP") read with Sec. 13 of the Code of Civil Procedure, 1908 (for short, "the CPC"), praying for confirmation of the judgment and decree dtd. 15/12/2021 (Decree Absolute) of the Family Court sitting at the Court and Tribunal Service Centre in England. Such foreign judgment confirms and declares that the marriage of the petitioner and the respondent registered on 20/4/2004 with the office of the Civil Registrar, Ponda under entry No. 478/2004 of the marriage registration book for the year 2004, be cancelled and for an appropriate endorsement in that regard.

(2.) It is the case of the petitioner that the petitioner and the respondent herein are Goans by birth and originally hail from the South Goa District. The petitioner and the respondent were married to each other on 20/4/2004 under the regime of the communion of assets and as such, as per the relevant laws their marriage was registered with the office of the Civil Registrar of Ponda under entry No. 478/2004. After their marriage, the petitioner and the respondent migrated to U.K. The petitioner has contended that the petitioner's marriage with the respondent had broken down irretrievably, consequently, the petitioner and the respondent were staying separately with effect from 2/2/2015.

(3.) In these circumstances, on 2/8/2021, the petitioner approached the "Family Court sitting at the Court and Tribunal Service Centre in England", in proceedings praying for a divorce (Reference Number ZZ21D15726). The respondent appeared in the said proceedings and filed a reply inter alia stating that the respondent will let the divorce proceed as he does not intend to defend. He also agreed that the Courts of England would have jurisdiction to grant a decree of divorce. He also stated that there would be no other proceedings outside England, which according to him may be identical.