JOSE SOUSA Vs. EMA MATA FERNANDES

JUDGEMENT

(1.) By this application under Article 1102 of the Portuguese Civil Procedure Code 1939 (Code, for short), the applicant is seeking confirmation of the judgment and order dated 9/6/2017 (as amended on 10/10/2017) passed by the Family Court at Bradford, U.K, by which, the marriage between the applicant and the first respondent, has been dissolved, by a decree of divorce.

(2.) The brief facts are that, the applicant was a citizen of India of Goan origin, born at Margao. The first respondent is an Indian citizen of Goan origin. The applicant was married to the first respondent in a civil marriage on 1/6/1985 at Margao and their marriage is registered before the Sub Registrar of Salcete at Margao under Entry no.836/1985. It appears that disputes and differences arose between the parties in the initial period of the marriage and the parties separated and the applicant has been residing in London since the year 2005, when he went there for purpose of work. The applicant has since acquired Portuguese citizenship in the year 2009, while the first respondent continues to be an Indian citizen. The applicant and the first respondent resided together in Goa as husband and wife until the year 2005 and from the time the applicant left for U.K, they have been residing separately.

(3.) It appears that the applicant filed Matrimonial Petition no.14/2010 against the first respondent on the ground of "incompatibility and continuous fights and beakerings", which came to be dismissed in default. The applicant made an unsuccessful attempt to get the petition restored. The applicant thereafter filed a second petition being Matrimonial Petition no.25/2013/A before the competent court for dissolution of marriage on the ground of the alleged harassment and ill-treatment meted out to the applicant by the first respondent. That petition was dismissed on 30/6/2015 and that has attained finality, when an appeal preferred there against, by the applicant, was dismissed on 22/12/2015.