VidhiSangh

Supreme Court of India · 17/04/2018

DINESH SINGH THAKUR versus SONAL THAKUR

[2018] 3 S.C.R. 469 · 2018 INSC 356

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Summary

The Supreme Court upheld refusal to restrain the wife’s Florida matrimonial proceedings. Though she was amenable to the Indian Family Court’s personal jurisdiction, the husband had not shown grave injustice or oppressive or vexatious foreign proceedings. Both spouses were US citizens and the husband himself lived there. The foreign petition’s asserted divorce ground did not itself justify an injunction; applicable-law objections could be addressed there. The decision did not finally recognise or enforce a foreign divorce decree.

Issues

  1. Whether personal jurisdiction over the wife sufficed for an anti-suit injunction.
  2. Whether grave injustice or oppressive foreign proceedings were established.
  3. Whether reliance on an allegedly unavailable divorce ground required restraint.

Provisions considered

Held

Result

Husband’s appeal dismissed without costs; vacation of the interim anti-suit injunction left undisturbed.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 469.