Can Issue Anti-Suit Injunction If Matrimonial Proceedings In Foreign Courts Concerning Non-Resident Indians Oppressive: Delhi High Court

The Delhi High Court has made it clear that Indian Courts can issue anti-suit injunction if matrimonial proceedings in a foreign court, concerning non-resident Indians are oppressive or vexatious.

While dealing with a case under the Hindu Marriage Act, 1955, a division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta flagged the growing trend of invoking jurisdiction of foreign courts by one of the parties, while the other party may prefer to invoke the jurisdiction of Indian courts.

It thus remarked that Courts in India have a power to issue anti-suit injunction to a party over whom the Court has personal jurisdiction in an appropriate case. In the same breath however, it added,

"This power is to be exercised sparingly having regard to the rule of comity, since the effect of anti-suit injunction though directed against a person, interferes with the exercise of jurisdiction of another Court. The cases of injunction are governed by the doctrine of equity and one of the tests adopted in such cases 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.”

The bench made the observations while dismissing an appeal moved by a husband challenging a family court order that vacated an ad-interim injunction restraining the wife from proceeding with divorce petition filed by her before a Court in USA.

The parties got married in October 2018 and moved to USA after a few days. A child was born out of the wedlock in 2021 who has been living in USA in joint their custody.

A petition was preferred by the husband under Section 13(1)(ia) HMA seeking divorce from the wife on the grounds of cruelty by her before a Family Court here last year. A similar plea was also preferred by the wife in the State of Michigan before Judicial Circuit Probate Court, County of Oakland.

An anti injunction suit was filed by the husband to restrain the wife from proceeding with her divorce petition in which an ex parte ad-interim injunction was granted in his favour. The same was vacated vide the impugned order.

Upholding the impugned order, the bench observed that there was no convincing reason to infer that the husband will suffer grave injustice if the anti-suit injunction restraining the wife from pursuing the divorce proceedings initiated by her in USA is not granted.

The court observed that the proceeding initiated by the wife in USA was neither vexatious nor the husband would suffer grave injustice if the anti-suit injunction was not granted.

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

Title: X v. Y

Citation: 2024 LiveLaw (Del) 10

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