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Supreme Court of India· 22 September 2026

Does an anti-suit injunction lie where the foreign proceedings are founded on substantial connecting factors such as habitual residence and a matrimonial home?

MIHIR PRAKASH BAJORIA v. VIDUSHI JAIN BAJORIA
2026 INSC 1034 · SLP(C) No. 15849 of 2026
Coram: Justice S.V.N. Bhatti · Justice N.V. Anjaria
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Answer

An anti-suit injunction does not lie where the foreign proceedings are founded on substantial connecting factors such as habitual residence and a matrimonial home.

No. An anti-suit injunction does not lie where the foreign proceedings are founded on substantial connecting factors such as habitual residence and a matrimonial home, since comity of courts then favours the foreign forum. Here, the UK Family Court proceedings rested on exactly such factors. (¶5)

Headnote

Anti-suit injunction — Comity of courts — Matrimonial jurisdiction — Code of Civil Procedure, 1908 — Anti-suit injunction — Grant — Personal jurisdiction, ends of justice, comity of courts — Held: An anti-suit injunction restraining a party from prosecuting proceedings in a foreign court is governed by the doctrine of equity and requires the defendant to be amenable to the court's personal jurisdiction and respect for comity of courts. Declining it must otherwise defeat the ends of justice. (¶5) Anti-suit injunction — Foreign proceedings pending — Injunction premature — Held further: An anti-suit injunction is not granted while the foreign proceedings it seeks to interject remain pending and have not culminated into a final decision. The Alipore Trial Court erred in granting the injunction at that inchoate stage. (¶5) Anti-suit injunction — Substantial connecting factors — Comity favours foreign forum — Held further: An anti-suit injunction does not lie where the foreign proceedings are founded on substantial connecting factors such as habitual residence and a matrimonial home. The High Court's vacation of the injunction was upheld and the appeal was dismissed. (¶5, 10, 11)

Headnote

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In the Court's own words
Paragraph 5Anti-suit injunctions are meant to restrain a party to a suit or proceeding from instituting or prosecuting a case in another court, including a foreign court. An anti-suit injunction is a judicial order of the nature by which one party is restrained from prosecuting a case in another court outside its jurisdiction. The parameters to be applied for grant of injunction would in-principle apply also in respect of grant or otherwise of the anti-suit injunction. As the principle of equity is in the heart of the jurisprudence for grant of injunctive directions, the anti-suit injunction orders are also governed and guided by the doctrine of equity, where the court would apply the equitable principles.
Acts & Sections
s.151 Code of Civil Procedure, 1908s.13 Hindu Marriage Act, 1955

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Also decided in this judgment
Does grant of an anti-suit injunction require the defendant to be amenable to the court's personal jurisdiction and respect for comity of courts?Is an anti-suit injunction granted while the foreign proceedings it seeks to interject remain pending and have not culminated into a final decision?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections