Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act 1963: s.41 – Injunction – Refusal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Specific Relief Act, 1963 (47 of 1963) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Specific Relief Act, 1963:s.41 – Injunction – Refusal of – When – Petition u/ss. 13 and26 of Hindu Marriage Act – By husband – Pending adjudication,petition seeking divorce filed by wife in the Court in USA – Suitfiled by husband seeking permanent injuction (anti-suit injunction)to restrain the wife from pursuing the petition before the Court inUSA – Ex-parte ad interim injunction granted – Therfeafter, onapplication by wife, injunction vacated – The order was furtherconfirmed by High Court – On appeal, held: Both the parties arepermanent citizens of USA – Courts in India as well as in USA haveconcurrent jurisdiction – Though wife is amenable to jurisdictionof Family Court in India, there is nothing on record to hold thatother party could suffer grave injustice if injunction is not granted– Proceedings in the Foreign Court cannot be said to be oppressiveor vexatious – Injunction – Equity – Hindu Marriage Act, 1955 –ss. 13 and 26 – Jurisdiction.Injunction:Anti-suit injunction – Held: Such injunction is meant to restraina party to a suit/proceedings from instituting or prosecuting a casein another court outside its jurisdiction, including a Foreign Court– Principles governing grant of injunction are common to that ofgranting anti-suit injunction – Cases of injunction are basicallygoverned by doctrine of equity – Courts in India have the power toissue anti-suit injunction – However, before issuing such injunction,Courts should be very cautious and careful – It should be grantedsparingly. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 356 |
Petitioner | Dinesh Singh Thakur |
Respondent | Sonal Thakur |
SCR | [2018] 3 S.C.R. 469 |
Judgement Date | 2018-04-17 |
Case Number | 3878 |
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