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TMI Blog2018 (4) TMI 1923X X X X Extracts X X X X X X X X Extracts X X X X ..... ent-wife was solemnized on 20.02.1995 as per Hindu rites and two children were born out of the said wedlock. The appellant-husband was working in United States of America (USA) at the time of marriage and he took the respondent-wife to USA on Dependent Visa. Both the parties got the citizenship of USA in May, 2003. They obtained "PIO" status (Person of India Origin) in June 2003 and "OCI" status (Overseas Citizens of India) in July 2006. (b) The appellant-husband filed a petition being H.M.A. No. 601 of 2016 under Sections 13 and 26 of the Hindu Marriage Act, 1955 (in short 'the Act') against the respondent-wife at the Family Court, Gurgaon which is pending adjudication before the Court. Subsequently, the respondent-wife filed a petition being Case No. 2016-008918-FD in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, USA for divorce on the ground of irretrievable breakdown of marriage and other reliefs. Thereafter, the appellant-husband filed Civil Suit No. 15 of 2016 before the District Judge, Family Court, Gurgaon, under Section 7 of the Act for permanent injunction and declaration inter alia to restrain the respondent-wife from pursuing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision in the case of Rakesh Kumar vs. Ms. Ashima Kumar - AIR 2007 P&H 63 but did not take into consideration the provisions of Section 41(a) of the SR Act, relevant in the present context. Learned senior counsel for the appellant-husband finally contended that the High Court was not right in upholding the order of the court below on vacating the ad-interim injunction and interference in this regard is sought for by this Court. 8. Learned senior counsel for the respondent-wife while refuting the claims made by learned senior counsel for the appellant-husband submitted that the petition that has been filed before the Court at Florida is not only for dissolution of marriage of the parties but also for claiming various other reliefs such as equitable distribution of marital assets, child support, alimony, partition and other reliefs that are not available under the Indian Law. Learned senior counsel further submitted that the irreparable loss or injury shall be caused to the respondent-wife and to the children in case the petition pending in the Court at Florida is stayed. Discussion 9. Anti-Suit Injunctions are meant to restrain a party to a suit/proceeding from ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 41(b) is not applicable to the instant case rather it is applicable only to those cases where question is regarding the injunction for proceedings in the Indian court. In support of this argument, learned senior counsel placed reliance on Oil and Natural Gas Commission vs. Western Company of North America (1987) 1 SCC 496, wherein this Court, while interpreting the provision of Section 41(b) of the Specific Relief Act, 1963 has held as follows:- "18....This provision, in our opinion, will be attracted only in a fact-situation where an injunction is sought to restrain a party from instituting or prosecuting any action in a court in India which is either of coordinate jurisdiction or is higher to the court from which the injunction is sought in the hierarchy of Courts in India....." 13. Learned senior counsel for the appellant-husband further placed reliance on Modi Entertainment Network and Another vs. WSG Cricket PTE Ltd. 2003 (4) SCC 341, wherein this Court while dealing with the matter laid down certain principles required to be taken into consideration by any court while granting an anti-suit injunction. These principles are as under:- * The defendant, against whom i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; (ii) where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; (iii) where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties." 18. Further, during the course of hearing, various documents such as pan card, Aadhar card of the respondent-wife, lease deed which was executed by her in 2015 etc., which are also placed on record, are sufficient to show that respondent-wife is ordinarily living in India. Further, as it appears from the proceedings recorded before the US court that the respondent herself has admitted that the Family Court Gurgaon has jurisdiction in the given case. The evidence placed on record is sufficient enough to show that the respondent is amenable to the personal jurisdiction of Gurugram Family Court. Though the respondent-wife is amenabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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