Category Archives: Anti Suit Injunction in foreign Divorce proceeding in India.

Anti Suit Injunction in foreign Divorce proceeding in India.

The Supreme Court in Neerja Saraph v. Jayant Saraph (1994) proposed feasibility of enacting a legislation to ensure that no marriage between an NRI and an Indian which has taken place in India may be annulled by a foreign Court. Earlier in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), the Apex Court spelt out guidelines for recognition of foreign Court matrimonial judgments to decide when Hindu marriages solemnized in India were said to be dissolved by unenforceable foreign decrees.

Principle Guide Line to grant Anti Suit Injunction
The landmark judgment laying down the principles which are to be taken into consideration by a Court at the time of passing an anti suit injunction is Modi Entertainment Network v. W.S.G. Cricket Pte. Ltd.,(2003) 4 SCC 341 and the principles laid down are reproduced hereinbelow :

“24. From the above discussion the following principles emerge:

(1) In exercising discretion to grant an anti-suit injunction the court must be satisfied of the following aspects:
(a) the defendant, against whom injunction is sought, is amenable to the personal jurisdiction of the court;
(b) if the injunction is declined, the ends of justice will be defeated and injustice will be perpetuated; and
(c) the principle of comity — respect for the court in which the commencement or continuance of action/proceeding is sought to be restrained — must be borne in mind