Decree Not Opposed To Public Policy: Bombay HC Confirms Divorce Decree Passed By Family Court In United Kingdom
The Bombay High Court, Goa has confirmed the decree of divorce granted by the foreign Family Court in the United Kingdom saying that the divorce decree is not opposed to public policy.
A Single Bench of Justice M.S. Karnik held, “Upon hearing the learned Counsel for the parties, I am satisfied that, in the interest of justice, the present application deserves to be allowed. The Decree of Divorce is not opposed to public policy. It is further not disputed that the Foreign Court was competent to pronounce the Decree and the same has been made after hearing the parties.”
The Court said that there is nothing on record to suggest that the decree has been obtained by fraud or that it is contrary to the laws in India.
Advocate I Agha appeared on behalf of the applicant while Advocate Melissa Dias and Additional Government Advocate Susan Linhares appeared on behalf of the respondents.
In this case, an application was filed by the applicant i.e., the husband for declaration as final, conclusive, and confirming the Decree of Divorce passed by the Family Court at South West Divorce Unit, UK. The applicant and his wife were both of Goan origin and the applicant was residing in Goa but both were Portuguese nationals.
The applicant filed for Dissolution of Marriage before the foreign court on the ground of adultery, which was a ground available under Article 4(1) of the Law of Divorce prevailing in the Goa State. The foreign court dissolved the marriage between them and, consequently, issued a certificate of Divorce.
The High Court after hearing the contentions of the counsel noted, “In terms of Article 1101 read with Section 13 of the Portuguese Code of Civil Procedure 1939, (for short PCCP) the Divorce Judgment dated 14.05.2020 being a Foreign Judgment, requires to be reviewed and confirmed by this Court.”
The Court requested the Civil Registrar to make the necessary endorsement expeditiously after a formal application along with a certified copy of the Order is placed before him.
Accordingly, the Court disposed of the application and confirmed divorce decree of the foreign court.
Cause Title- Chrisando Bernardo Fernandes v. Kaycha Idalina De Araujo & Anr.
