Does an anti-suit injunction lie where the foreign proceedings are founded on substantial connecting factors such as habitual residence and a matrimonial home?
Coram: Justice S.V.N. Bhatti · Justice N.V. Anjaria
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)
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)
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