NT Reporter
Panaji
The High Court of Bombay at Goa has held that
the Registrar and all sub-registrars in the state shall
not treat decrees passed by civil courts in India as foreign decrees.
“We have been informed that there are many such applications pending before the Registrar in Goa, in which objections have been raised under Articles 1100, 1101 and 1102 of the Portuguese Code of Civil Procedure, 1939. Therefore, we deem it appropriate to pass the following order and directions to the Registrar and all the sub-registrars in Goa,” the High Court said.
The court held that orders issued by Indian civil courts cannot be regarded as “foreign judgments” under the Portuguese legal provisions still applicable in the state.
Delivering the ruling, the court said Goa forms an inseparable part of the Indian Union and is governed by the Constitution of India. It said decisions delivered by courts elsewhere in the country cannot be subjected to procedures meant for foreign court rulings.
The judgment was passed while hearing a petition concerning the implementation of a divorce decree granted by a family court in Karnataka. The petitioner approached the High
Court after the Margao civil registrar declined to act
on the decree, stating that
it required prior confirmation under provisions of the Portuguese Code of Civil Procedure.
The High Court directed that if any applications are pending before the Registrar and sub-registrars where objections have been raised under Articles 1100, 1101 and 1102 of the Portuguese Code of Civil Procedure, 1939, they shall be disposed of within two weeks in view of the law laid down in the judgment. It also directed that a compliance report be filed within three weeks before the Registrar (Judicial) of the court.
Rejecting the registrar’s stand, the High Court
said decrees issued by competent Indian courts are
legally enforceable in Goa and do not require separate authentication or review under the Portuguese procedural laws.
In the case before it, the court directed the registrar concerned to implement the Karnataka family court order and proceed with cancellation of the marriage registration accordingly.
