IN THE HIGH COURT OF BOMBAY AT GOA.
WRIT PETITION NO. 265 OF 2026
(VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.)
(D.O.D. 29th April 2026)
Blinston Savio Fernandes … Petitioner
Versus
Leandra Marie Fernandes and Anr. … Respondents
Portuguese Code of Civil Procedure – Articles 1100, 1101 and 1102, Cancellation of marriage certificate by Registrar, Section 13 of the Code of Civil Procedure, 1908 – A decree passed by a Civil Court having competent jurisdiction in India cannot be construed as a foreign decree under the Portuguese Code of Civil Procedure, 1939.
Held
The Portuguese Civil Code, 1867 is not a foreign law. The Portuguese Civil Code, 1867 is an Indian law. The State of Goa is part of India and is governed by the Constitution of India. Therefore, by applying the same principle, even the Portuguese Code of Civil Procedure, 1939, is also an Indian law. Therefore, the Portuguese Civil Code, 1867 or the Portuguese Code of Civil Procedure, 1939 cannot be construed and interpreted to treat the judgments and decrees of Indian Civil Courts as foreign judgments. After the liberation, the local and special law of the State of Goa cannot treat the rest of India as foreign territory. The Registrar cannot treat any judgment and decree passed by a Civil Court within India as a foreign judgment. If the decree is passed by any Civil Court in India, then the provisions of Articles 1100, 1101 and 1102 of the Portuguese Code of Civil Procedure, 1939 are not applicable. A decree passed by any Civil Court having jurisdiction is not required to be reviewed and confirmed by the High Court under Articles 1101 and 1102 of the Portuguese Code of Civil Procedure, 1939. (para 18, 22)
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