Foreign Judgment Violative Of Indian Law Not Binding On Indian Courts : Supreme Court

The Supreme Court in a recent order has held that a foreign judgment that goes against Indian law is not conclusive between parties involved and not binding on the Indian Courts. 

The bench of Justices Surya Kant and Ujjal Bhuyan was hearing a challenge against the order of the Gujarat High Court which dismissed the petitioner's writ of Habeas Corpus seeking repatriation of the minor daughter on the basis of an order from the US Court. 

The US Court order, supposedly obtained from a Minnesota court in July 2023, was held to be not binding on the respondents or the children.

On the issue of bindingness of the US Court Order, the Bench noted that S. 13(f) of the Civil Procedure Code, 1908, supports this stance.The court clarified that a foreign judgment that violates Indian law is not final between the parties involved. 

"A foreign judgment violative of Indian law is not conclusive between the parties and thus, Indian Courts are not bound to follow it." 

S. 13(f) of CPC provides that any foreign judgement will not conclusive if it sustains a claim founded on a breach of any law in force in India

The case in question involved a custody dispute. The Top Court dismissed a petition for temporary custody of children through a Writ of Habeas Corpus. The children, both girls, are currently living with their mother in India.

The Court also clarified that no attempts to affect the status of the minors or their mother shall be made by the Indian authorities or Courts in purported compliance to the US Court's order. 

"It is further clarified that no attempt shall be made or allowed by the Indian authorities or the Indian Courts (except this Court) to affect the status of the children or their mother, who are staying in India, in purported compliance to an order the petitioner is claimed to have obtained from the District Court, Fourth Judicial District, Family Court Division, State of Minnesota, U.S.A. in July, 2023."

Case Details: Special Leave to Appeal (Crl.) No(s).1722/2024

Citation : 2024 LiveLaw (SC) 579

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