Landmark Judgment Clarifies Non-applicability of Portuguese Civil Procedure Code to Indian Court Decrees
In a significant ruling, the Bombay High Court has clarified that decrees passed by Indian civil courts cannot be classified as "foreign decrees" under the Portuguese Code of Civil Procedure, 1939, as applied in Goa. The judgment, delivered on April 29, 2026, by Justices Valmiki Menezes and Amit Satyavan Jamsandekar, addresses the confusion surrounding the application of Portuguese legal codes post-Goa's liberation from Portuguese rule in 1961.
The case in question involved Mr. Blinston Savio Fernandes, who sought to have his marriage certificate canceled following a decree of dissolution passed by the Family Court in Bangalore. The Registrar in Goa had refused to act on the decree, treating it as a foreign judgment under the Portuguese Code of Civil Procedure, 1939. The Bombay High Court held that the Portuguese Civil Code, 1867, and the Portuguese Code of Civil Procedure, 1939, are Indian laws, as per the Supreme Court's judgment in Jose Paulo Coutinho v. Maria Luiza Valentina Pereira, and therefore judgments from Indian courts cannot be considered foreign.
The court emphasized the applicability of the Code of Civil Procedure, 1908, in Goa, which overrides the provisions of the Portuguese Code regarding definitions of "foreign court" and "foreign judgment." Indian judgments are binding on the Registrar in Goa, who must comply with decrees from Indian courts without requiring review or confirmation as foreign judgments.
Directives were issued to the Registrar in Goa to cancel Mr. Fernandes' marriage certificate within a week and dispose of similar pending applications promptly. The judgment provides much-needed clarity and is expected to streamline legal processes involving decrees from Indian courts in Goa.
Bottom line:-
A decree passed by an Indian Civil Court cannot be treated as a "foreign decree" under the Portuguese Code of Civil Procedure, 1939, and is binding on the Registrar in Goa.
Statutory provision(s):
Portuguese Code of Civil Procedure, 1939 Articles 1100, 1101, 1102
Code of Civil Procedure, 1908 Sections 2(5), 2(6), 13
Indian Divorce Act, 1861 Section 10
Karnataka Civil Procedure Mediation Rules, 2005 Rules 24, 25
The Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration) Act, 1965 Sections 3, 4, 5
