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A. M. KHANWILKAR, B. R. GAVAI, KRISHNA MURARI
MADHAVENDRA L BHATNAGAR – Appellant
Versus
BHAVNA LALL – Respondent
ORDER :
Leave granted.
Heard learned counsel for the parties.
This appeal takes exception to the judgment and order dated 11.11.2020 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in M.P. No. 2193 of 2020, whereby the order passed by the Trial Court, namely, Court of First Additional Principal Judge, Family Court, dated 02.07.2020 in Case RCS No. 1089 of 2019 rejecting application filed by the appellant under Order 39 Rule 3 read with Section 151 of Civil Procedure Code for granting interim anti-suit injunction against the respondent came to be affirmed.
The reliefs claimed in the application filed before the Trial Court read thus:
The court's decision was influenced by the principles of jurisdiction, comity, and the balance of convenience, as well as the potential for conflicting decisions in multiple jurisdictions.
The main legal point established in the judgment is that the court may decline to grant an anti-suit injunction if the proceedings initiated by the respondent in a foreign jurisdiction are not vexati....
Point of law :Matrimonial dispute - Anti-suit injunctions - Anti-suit injunction is maintainable in view of the power to grant injunction in matrimonial disputes by the family court. This power is tr....
The main legal point established in the judgment is that the grant of an anti-suit injunction is governed by the intention of the parties, the jurisdiction of the Foreign Court, and the principles of....
The domicile and continuous residence of the parties in a foreign jurisdiction can influence the court's decision on granting an anti-suit injunction in a matrimonial dispute.
The court affirmed that jurisdiction to grant interim relief primarily rests with the lower court unless determined otherwise.
Stay of trial does not prevent continuation of supplemental proceedings, including injunction applications, according to the principles established in precedents.
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