Case Note & Summary
The petitioner, Ms. Merlina Pegado, filed a Miscellaneous Civil Application before the Bombay High Court at Goa seeking a declaration that a decree of divorce granted by the Family Court at Birmingham, United Kingdom, is conclusive and binding on the parties. The petitioner and respondent No.1, Mr. Salvador Edis Pereira, both of Goan origin and Portuguese nationality, were married on 08.04.2010 under the Portuguese Civil Code, with their marriage registered at the office of the Civil Registrar cum Sub-Registrar of Ilhas, Panaji, Goa. Differences arose between the couple around 12.10.2013, and they started living separately from 09.02.2014. The petitioner filed a divorce petition before the Family Court in Birmingham (case No. ZZ20D54415), which issued a decree nisi on 08.12.2020, holding that the marriage had broken down irretrievably, and the decree was made absolute on 20.01.2021. The petitioner sought to have this foreign decree recognized in India to enable the Civil Registrar to record the dissolution of marriage. The court noted that the respondent No.1 was duly served via email and at his addresses in Goa and UK but did not appear. The court examined the foreign decree and found that it was passed by a competent court, on merits, and was not contrary to Indian law. The court held that the decree is conclusive between the parties under Section 13 of the Code of Civil Procedure, 1908. Consequently, the court allowed the petition, declaring the foreign divorce decree as conclusive, and directed the Civil Registrar cum Sub-Registrar of Ilhas to record the dissolution of marriage in the appropriate register.
Headnote
A) Family Law - Foreign Divorce Decree - Conclusiveness - Section 13 Code of Civil Procedure, 1908 - The petitioner sought a declaration that a decree of divorce granted by the Family Court at Birmingham, UK, is conclusive between the parties. The court held that the foreign decree was passed by a competent court, on merits, and not contrary to Indian law, thus binding under Section 13 CPC. (Paras 6-7) B) Family Law - Registration of Marriage - Dissolution - The marriage was registered under the Portuguese Civil Code in Goa. The court directed the Civil Registrar cum Sub-Registrar of Ilhas to record the dissolution of marriage based on the foreign decree, as the decree is conclusive and the parties are entitled to have the dissolution noted in the marriage register. (Para 8)
Issue of Consideration
Whether a decree of divorce granted by a foreign court (UK Family Court) can be declared as conclusive and binding on the parties in India, and whether the Civil Registrar in Goa can be directed to record the dissolution of marriage.
Final Decision
The court allowed the petition, declaring the decree of divorce granted by the Family Court at Birmingham, UK, as conclusive between the parties. The court directed the Civil Registrar cum Sub-Registrar of Ilhas to record the dissolution of marriage in the appropriate register.
Law Points
- Foreign divorce decree
- Conclusiveness of foreign judgment
- Section 13 CPC
- Irretrievable breakdown of marriage
- Registration of marriage
- Overseas Citizen of India
- Portuguese nationality
