The court confirmed the foreign divorce judgment under Article 1101 of the Portuguese Code, establishing the jurisdiction for such confirmation in the context of international law.

ORAL JUDGMENT:

1.Heard learned counsel for the applicant.

2.This Court vide order dated 21.03.2023 had issued notice to the respondent No.1 to be served at the address in Goa and at the address mentioned in the cause title in U.K. By order dated 19.04.2023, the petitioner was permitted to serve respondent no.1 on the email address as well which was mentioned in the cause title. Accordingly, the factum of service of the notice through email on the respondent No.1 has been taken on record and marked as Exhibit 'X' for identification. Respondent No.1 is duly served.

3.The petitioner and the respondent No.1 are of Goan origin, now of Portuguese nationality. The petitioner is an Overseas Citizen of India. The petitioner and the respondent No.1 are working in the United Kingdom. The marriage of the petitioner and the respondent No.1 was registered in the office of Civil Registrar cum Sub-Registrar of Ilhas, at Panaji under No.235/2010 and was solemnised on 08.04.2010. Differences arose between the couple on or about 12.10.2013 whereafter they started living separately from 09.02.2014. As there was no possibility of reconciliation, the petitioner moved an application for divorce under case No.ZZ20D54415, before the Family Court Sitting at Courts and Tribunals Service Center, c/o Birmingham Civil and Family Justice Center Priority Courts, 33 Bull Street, Birmingham, B4 6DS ('foreign Court', for short).

4.The foreign Court issued a Certificate of entitlement to a decree nisi and thereafter in view of the order dated 08.12.2020 passed by the foreign Court, it was held that the marriage solemnised on 08.04.2010 between the petitioner and the respondent No.1 has broken down irretrievably. The foreign Court granted decree of divorce. The said decree nisi dated 08.12.2020 was made absolute on 20.01.2021. Enclosed in this petition is the copy of the divorce application filed before the foreign Court, decree nisi and the decree absolute.

5.It appears that even before the foreign Court the respondent No.1 did not contest the application for divorce which culminated in the decree absolute. In terms of Article 1101 of the Portuguese Code of Civil Procedure , the decree absolute/divorce judgment dated 20.01.2021 being foreign judgment, requires to be confirmed by this Court. Article 1101 of the Portuguese Code of Civil Procedure reads thus:-

' Article 1101 – Jurisdiction - Review and Confirmation shall lie before the High Court having jurisdiction at the place at which the person against whom the judgment is sought to be enforced is domiciled or resides.

If such a person has no domicile or residence in Portugal,the High Court within who jurisdiction,the Petitioner is domiciled or residing shall have jurisdiction, except where the judgment is of patrimonial nature and it is to be enforced against the person who has assets in Portuguese territory, because in such case Revision can be asked in any of the High Courts where the assets are situated. When none of the requirements foreseen in the previous paragraphs are satisfied, any of the High Courts will have jurisdiction to entertain the matter.'

6.From the averments made in the petition, I am satisfied that as per law applicable in the United Kingdom, divorce sought by the petitioner and respondent No.1 are on grounds permissible under the statute. The petitioner is, therefore, entitled to an order of confirmation of this Court confirming the decree absolute/judgment of divorce dated 20.01.2021 passed by the foreign Court. The decree of the foreign Court is declared as final and conclusive. The dissolution of marriage between the petitioner and the respondent No.1 stands confirmed.

7.The application is allowed in terms of prayer clause (a) and (b)

which read thus:-.

'a) that the absolute decree/Divorce judgment dated 20th January 202