Delhi High Court affirms jurisdiction over matrimonial proceedings in foreign courts

The court highlighted a growing trend wherein one party invokes the jurisdiction of a foreign court, while the other prefers Indian courts

PRAVASISAMWAD.COM

In a recent development, the Delhi High Court has clarified its position on matrimonial proceedings in foreign courts involving non-resident Indians, stating that Indian courts can issue anti-suit injunctions if such proceedings are deemed oppressive or vexatious. This information was reported by livelaw.in.

A division bench comprising Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta addressed the issue while handling a case under the Hindu Marriage Act, 1955. The bench highlighted a growing trend wherein one party invokes the jurisdiction of a foreign court, while the other prefers Indian courts.

The court emphasized that the power to issue anti-suit injunctions should be exercised sparingly, considering the rule of comity. It stated, “The cases of injunction are governed by the doctrine of equity, and one of the tests for issuance of anti-suit injunction is whether the foreign proceedings are ‘oppressive or vexatious’ and if the grant of anti-suit injunction is necessary in the interest of justice.”

“For the foregoing reasons, we are not inclined to interfere with the impugned order. The appeal is accordingly dismissed.”

— High Court

The observations came during the dismissal of an appeal by a husband challenging a family court order that lifted an ad-interim injunction preventing the wife from pursuing a divorce petition filed in the USA.

The couple, married in October 2018, had moved to the USA shortly after. A child was born in 2021, residing in the USA under joint custody. The husband filed a divorce petition under Section 13(1)(ia) of the HMA in India, while the wife initiated a similar plea in the State of Michigan.

The husband filed an anti-injunction suit to halt the wife’s divorce proceedings, obtaining an ex parte ad-interim injunction, later vacated by the family court. Upholding the family court’s decision, the Delhi High Court noted that there was no compelling reason to believe that the husband would suffer grave injustice without the anti-suit injunction.

The court concluded, “For the foregoing reasons, we are not inclined to interfere with the impugned order. The appeal is accordingly dismissed.”

************************************************************************

Readers

These are extraordinary times. All of us have to rely on high-impact, trustworthy journalism. And this is especially true of the Indian Diaspora. Members of the Indian community overseas cannot be fed with inaccurate news.

Pravasi Samwad is a venture that has no shareholders. It is the result of an impassioned initiative of a handful of Indian journalists spread around the world.  We have taken the small step forward with the pledge to provide news with accuracy, free from political and commercial influence. Our aim is to keep you, our readers, informed about developments at ‘home’ and across the world that affect you.

Please help us to keep our journalism independent and free.

In these difficult times, to run a news website requires finances. While every contribution, big or small, will makes a difference, we request our readers to put us in touch with advertisers worldwide. It will be a great help.

For more information: pravasisamwad00@gmail.com