Case Note & Summary
The dispute arose from divorce proceedings between the appellant-husband and respondent-wife, who had been married since December 15, 2018. The couple had lived in the UK and India, with the wife initiating divorce proceedings in the UK on October 10, 2024, citing irretrievable breakdown of marriage. The appellant-husband filed a suit in India seeking an anti-suit injunction against the wife's UK proceedings, which was granted by the Alipore Trial Court on November 1, 2025. The High Court later set aside this injunction on December 15, 2025, leading to the present appeal. The Supreme Court examined the High Court's reasoning, particularly the application of the forum non conveniens doctrine and the irretrievable breakdown of marriage as a ground for divorce. The Court noted that the UK Family Court had jurisdiction and that the Indian court should respect the ongoing foreign proceedings. The Supreme Court upheld the High Court's decision, emphasizing the need for judicial comity and the inappropriate nature of the anti-suit injunction given the circumstances. The appeal was dismissed, allowing the respondent-wife to continue her proceedings in the UK Family Court.
Headnote
A) Family Law - Anti-Suit Injunction - Grounds for Granting - Code of Civil Procedure, 1908, Section 151 - The Alipore Trial Court granted an anti-suit injunction on the grounds that the UK proceedings were vexatious and not recognized under Indian law. The High Court found that the grounds for the injunction were misplaced and that the UK Family Court was the appropriate forum for the proceedings. Held that the anti-suit injunction was improperly granted (Paras 3.4-3.5).
Issue of Consideration
Whether the High Court was correct in setting aside the anti-suit injunction granted by the Alipore Trial Court.
Final Decision
The Supreme Court upheld the High Court's order setting aside the anti-suit injunction granted by the Alipore Trial Court, emphasizing the jurisdiction of the UK Family Court and the principles of comity of courts.
Law Points
- anti-suit injunction
- forum non conveniens
- irretrievable breakdown of marriage
- jurisdiction
- matrimonial proceedings
