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The high court confirmed the order passed by the Family Court of the UK after noting that the decree passed by the family court of UK was not against public policy.
A single judge bench of the Bombay High Court at Goa comprising Justice MS Karnik has recently confirmed a divorce decree passed by the Family Court at South West Divorce Unit, United Kingdom while observing that the decree was not opposed to public policy.
“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 order read.
The high court was hearing an application filed by a husband seeking the confirmation of the decree of divorce issued by the Family Court at South West Divorce Unit, UK. The husband had also sought a direction for the Civil Registrar to cancel the entry from the Register of Marriages.
The husband and the wife were Portuguese nationals of Goan origin, who entered into marriage on May 17th, 2017, in Goa. However, due to differences arising between them, they had been living separately since March 31st, 2019.
Subsequently, the husband filed for the Dissolution of Marriage before the Family Court, South West Divorce Unit, UK, on the grounds of adultery, which is recognized as a valid reason for divorce under Article 4(1) of the Law of Divorce in the State of Goa.
The Family Court at South West Divorce Unit, UK, passed a Decree of Divorce on May 14th, 2020.
Under Article 1101 of the Portuguese Code of Civil Procedure 1939, the Foreign Judgment requires review and confirmation by the high courts, which the husband sought.
The counsel for the wife submitted that the wife had no objection to the review and confirmation of the judgment of the Foreign Court.
The high court found no evidence of fraud or any violation of laws in India in the case at hand.
Therefore, the single judge bench allowed the application for review and confirmation of the Decree of Divorce issued by the Foreign Court.
“There is nothing on record to suggest that Decree has been obtained by fraud or that it is contrary to the laws in India” the order stated.
Advocate I Agha appeared for the husband, Advocate Melissa Dias appeared for the wife, and Additional Government Advocate Susan Linhares appeared for the State
Case Title: ABC vs XYZ
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