2025:BHC-GOA:884-DB Meena IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 223 OF 2022 Ms. Melinda Fantin Botelho, D/o Mr. Santana Botelho, Aged 33 years, Residing at H. No. 332, Vhodlem Bhat Taleigao, Tiswadi, Ilhas, Goa. …..Petitioner Versus

1. The State of Goa Through the Chief Secretary, Secretariat Building Porvorim, Bardez, Goa.

(Official Address) …..Respondent No.1.

2. The Civil Registrar-Cum-Sub-

Registrar of Tiswadi Having it’s office at :

nd

02 Floor, Spaces Building, …..Respondent No.2 Patto Plaza, Panaji- Goa.

3. Mr. Ralston M. Botelho S/o. Mr. Rosario Botelho, Residing at H.No.500A, Alto- Cabesa, Near GMC Hospital, Santa Cruz, Tiswadi, ….. Respondent No.3.

Goa- 403 202 Mr. Aurobindo Gomes Pereira, Advocate for the Petitioner.

Ms. Maria Simone Judith Correia, Additional Government Advocate for the Respondent Nos.1 and 2.

Mr. J.E. Coelho Pereira, Senior Advocate, Amicus Curiae with Mr.

Vilas Pavithran an Mr. Pancham Phadte.

Mr. M. B. D’Costa, Senior Advocate, Amicus Curiae with Ms. Isabel D’Costa and Mr. Nash Monteiro CORAM : VALMIKI MENEZES AND NIVEDITA MEHTA, JJ.

RESERVED ON : st

21 NOVEMBER, 2024.

PRONOUNCED ON : 9th MAY, 2025 JUDGMENT: (Per Valmiki Menezes, J.)

1. Heard learned Counsel for the parties.

2. Rule. Rule is made returnable forthwith. With the consent of the parties petition is disposed of finally.

3. This petition, invoking our powers under Article 226 of the Constitution of India, seeks issuance of a writ of mandamus to direct the Respondent No.2 (The Civil Registrar of Tiswadi) to strike off and cancel entry No.88/2017 and make necessary endorsement against the entry of marriage between the Petitioner and the Respondent No.3, that their Canonical Marriage was declared to be null and void. Further, this Petitioner seeks an order to quash and set aside communication dated

10^th/11^th March 2022 issued by the Respondent No.2.

4. It is the Petitioner’s case that a Canonical Marriage was celebrated on 27^th April, 2017 between the Petitioner and the Respondent No.3 at the church of Santa Cruz, and based on the Marriage Certificate issued by the Archdiocese of Goa, the Respondent No.1, Civil Registrar, transcribed the Canonical Marriage into the Register of Marriage under entry No.88 in the Marriage Register of the Year 2017. The Petitioner claims that her Canonical Marriage was in accordance with Decree Law No.35461 of the Law of Marriage (Decree Law) applicable to the State of Goa. On 5^th February 2019 the Petitioner initiated a process of Annulment of her marriage in terms of the Canonical Law, before the Patriarchal Tribunal of the Archdiocese of Goa which was granted on 26^th November, 2020 by a “Definitive Sentence” declaring the Canonical Marriage between the Petitioner and Respondent No.3 to be null and void. It is the Petitioner’s case that ultimately this “Definitive Sentence” came to be ratified by a Decree of Ratification dated 15^th September 2024, by the “Metropolitan Tribunal” of the Archdiocese of Bombay at Mumbai, which according to the Petitioner conclusively declares the marriage to be null and void, entitling her to have the entry in the book of Civil Registration of Marriages, before the Sub-Registrar of Tiswadi, to be cancelled.

5. It is the Petitioner’s case that this Court, in the case of Elmas Fernandes v. State of Goa & Ors., (in Writ Petition No. 351 of 2017) declared Article 19 of the Decree Law No.35461 as unconstitutional and struck down only Article 19 of the Law on grounds that it excluded judicial review by this Court under Articles 226 and 227 of the Constitution of India. It was also averred in the petition that Article 4 of the same Decree Law was earlier struck down by the Court of the Judicial Commissioner of Goa in the case of Espiciosa Nunes v.

Francisco Nicolau Fernandes(AIR 1974 GDD 46).

6. It is the Petitioner’s case that when she approached the Civil Registrar at Panaji on 16^th December 2021 for cancellation of the entry of Registration of her marriage in the Marriage Register, the R