The High Court has confirmed a divorce decree granted by a Canadian court dissolving the marriage of an estranged Goan couple residing in Toronto. While disposing of the application, the court also permitted the applicants to approach the Civil Registrar-cum-Sub Registrar of Tiswadi to cancel their marriage registration entry. The High Court upheld the decree passed by the Superior Court of Justice in Ontario, Canada, observing that divorce by mutual consent is recognised under the matrimonial laws applicable in Goa and that there was, therefore, no impediment to confirming the foreign court’s ruling. According to court records, the couple solemnised their marriage in Goa on December 27, 2014, and it was duly registered with the Civil Registrar-cum-Sub Registrar of Tiswadi, Panaji. The husband and wife later relocated to Canada in September 2014 and July 2015, respectively. Following marital discord and a separation lasting more than a year without reconciliation, the wife approached the Ontario Superior Court of Justice seeking dissolution of the marriage. Both parties subsequently executed Minutes of Settlement, paving the way for an uncontested divorce. On May 28, 2025, the Canadian court issued a divorce order, which took effect on June 28, 2025. It was followed by the issuance of an electronic Certificate of Divorce certifying that the marriage had legally ended. As both applicants continued to reside in Canada, they initiated proceedings before the High Court of Bombay at Goa through their respective powers of attorney. The petition was filed under Chapter XIII of the Portuguese Code of Civil Procedure, 1939, read with Sections 13 and 14 of the Code of Civil Procedure, 1908. The High Court noted that, under the Portuguese Code of Civil Procedure—which remains in force in the state—judgments delivered by foreign courts on private rights cannot take legal effect in Goa unless they are reviewed and confirmed by the High Court. Upon examining the notarised divorce judgment and the Certificate of Divorce, the court observed that the marriage had been dissolved by a consent decree. Allowing the application, the High Court formally confirmed the foreign divorce decree dated May 28, 2025, and granted the parties liberty to approach the Tiswadi civil registry to cancel the entry in the Marriage Registration Book.
HC Confirms Canadian Divorce Decree for Goan Couple, Clears Path to Cancel Marriage Record
High Court has confirmed a divorce decree granted by a Canadian court dissolving the marriage of an estranged Goan couple residing in Toront
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