The Bombay High Court at Goa has affirmed that a foreign divorce decree issued by a court of competent jurisdiction is enforceable in India if it does not violate public policy, even when the marriage was registered under Indian law. This ruling provides critical clarity for Indian nationals seeking recognition of overseas divorce orders, particularly in jurisdictions like Dubai where civil divorce proceedings are common.
Background & Facts
The Dispute
The applicant, Jane Visitation Meena Lobo, sought confirmation of a divorce decree issued by the Personal Status Court in Dubai, which dissolved her marriage to Bonie Antonio Piedade Furtardo. The couple had registered their marriage in Goa on 12 May 2006 under the Civil Registration system. After marital breakdown, both parties initiated divorce proceedings in Dubai, resulting in a judgment dated 16 December 2021.
Procedural History
- The applicant filed an application under Article 1101 of the Portuguese Civil Procedure Code, read with Section 13 of the Civil Procedure Code, seeking confirmation of the foreign decree.
- The respondents were served via WhatsApp and speed post, with affidavit of service filed and accepted by the court.
- The respondent, Mr. Furtardo, appeared in person and expressly consented to the confirmation, stating no objection to dissolution of marriage or cancellation of the Goa marriage entry.
Relief Sought
The applicant sought: (1) confirmation of the Dubai divorce decree as valid and enforceable in India; (2) direction to the Civil Registrar of Salcete to cancel the marriage registration entry No. 1049/2006.
The Legal Issue
The central question was whether a foreign divorce decree, granted by a court in a non-Common Law jurisdiction, can be confirmed under Section 13 of the Civil Procedure Code when the marriage was solemnized and registered in India, and whether such confirmation violates the doctrine of public policy.
Arguments Presented
For the Appellant
The applicant argued that the Dubai decree was passed by a court of competent jurisdiction, after both parties appeared and consented to the dissolution. She relied on S. P. Changarathil v. S. P. Chacko and Rajendra Kumar v. Sunita Kumar to establish that foreign judgments are conclusive if they meet the conditions under Section 13 CPC, including absence of fraud, proper jurisdiction, and no contravention of Indian public policy.
For the Respondent
The respondent, appearing in person, did not contest the application. He affirmed his consent to the divorce and expressed no objection to the cancellation of the marriage registration in Goa. His conduct amounted to acquiescence, removing any adversarial challenge to the decree’s validity.
The Court's Analysis
The Court examined the decree under Section 13 of the Civil Procedure Code, which provides that a foreign judgment shall be conclusive unless it falls within one of the exceptions listed in clauses (a) to (f). The Court found no evidence of fraud, lack of jurisdiction, or procedural irregularity in the Dubai proceedings. The decree was issued after both parties participated voluntarily.
"The decree does not appear to be a judgment passed based on a law contrary to the Public Policy of India and appears to conform with the laws of the land, as would be applicable to the parties, within the State of Goa."
The Court emphasized that Goa, as a former Portuguese territory, continues to operate under a hybrid legal framework where Portuguese civil law principles, including those governing personal status, remain relevant. The Dubai court’s application of Islamic personal law to a Christian couple did not offend Indian public policy, as the parties had voluntarily submitted to its jurisdiction and the outcome was equitable.
The Court further noted that the respondent’s personal appearance and unambiguous consent eliminated any doubt regarding the legitimacy of the process. The cancellation of the marriage registration was not merely procedural but a necessary consequence of the decree’s enforcement.
The Verdict
The applicant succeeded. The Court confirmed the Dubai divorce decree dated 16 December 2021 as final and conclusive under Section 13 CPC. It directed the Civil Registrar of Salcete to cancel the marriage registration entry No. 1049/2006, thereby legally dissolving the marriage in India.
What This Means For Similar Cases
Foreign Decrees Are Enforceable With Consent
- Practitioners may now confidently file applications for confirmation of foreign divorce decrees where both parties consent, even if the foreign law differs from Indian personal laws.
- Consent by the respondent removes the burden of proving absence of fraud or coercion under Section 13 CPC.
Public Policy Is Not a Blanket Objection
- A foreign judgment applying non-Indian personal law (e.g., Islamic law to Christians) does not automatically violate public policy if the parties voluntarily submitted to it.
- Courts will assess the substance of the decree - not the source of the law - when determining enforceability.
Registration Cancellation Is Mandatory Upon Confirmation
- Once a foreign divorce is confirmed under Section 13 CPC, the Civil Registrar must cancel the original marriage entry.
- Failure to do so creates legal ambiguity in remarriage, inheritance, and property rights.
Procedural Flexibility Is Recognized
- Service via WhatsApp and speed post, when documented and accepted by the court, satisfies due process requirements in uncontested matters.
- Courts are increasingly pragmatic in accepting modern service methods for uncontested applications.
