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Author Topic: Can Indian court give Injunction to a foreign court?  (Read 398 times)

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Offline sukhv

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Can Indian court give Injunction to a foreign court?
« on: July 10, 2018, 12:26:15 AM »
Dear Sir/Madam

My wife and I have been married for more than 10 years and my wife had been very abusive towards me. All these years of our marriage we had been residing outside India.

2 years ago I had filed for separation under Mental Cruelty in an Indian court. I wanted divorce but my lawyer had told me that I would need to file for separation first, as we were always living together till then.

Since the time I had filed for separation, my wife had been living in India and I have been living overseas. I have been paying for her rent and maintenance. My wife is contesting this and the case has been dragging on for more than 2 years. Based on the feedback from my lawyer in India, it can go on for many more years.

I can file for divorce in the country where I now live.  It is a common law country.

My questions are:

My question -
1. Can my wife get an injunction from the Indian court to halt the proceedings in the foreign court?
2. Will the verdict from the foreign court be accepted by Indian courts?

Offline advjaibansal

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Re: Can Indian court give Injunction to a foreign court?
« Reply #1 on: July 11, 2018, 01:37:15 AM »
yes, Indian court can grant injunction on the foreign proceedings. The injunction may be passed against you not to proceed on the foreign courts if any anti suit injunction is filed by the wife.

If wife is not challenging the jurisdiction then foreign court judgment is valid in India or else you have file a suit for declaration in terms of section 13 of CPC to get the approaval of Indian courts on the foreign decree of divorce.
jai bansal
Advocate, New Delhi
Supreme Court of India
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