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SUPREME COURT OF INDIA
A.K. SIKRI, ROHINTON FALI NARIMAN, JJ.
VIVEK RAI GUPTA - APPELLANTS
Vs.
NIYATI GUPTA - RESPONDENTS
CIVIL APPEAL NO(S). 1123/2016
WITH
CONTEMPT PETITION (C) No. 192/2012 in SLP(C) No. 6993/2012
Decided On : 10-02-2016
Anti Suit Injunction - Matrimonial Discord - Family Law - [Ohio, USA] - [Divorce Act, 1869, Section 13] - [Summary: The court discussed the appellant-husband's plea for an anti-suit injunction to restrain the respondent-wife from pursuing a divorce petition in the US. The court examined the nature of the orders passed, the violation of injunction orders, and the execution of the foreign court's decree. The key legal provisions discussed were related to the jurisdiction of the US court, the interpretation of injunction orders, and the enforceability of foreign decrees in India. These provisions influenced the court's decision to dispose of the appeal and contempt petition by making the order dated 01.04.2015 absolute.]
Fact of the Case:
The appellant-husband sought an anti-suit injunction to restrain the respondent-wife from pursuing a divorce petition in the US. The appellant alleged violation of injunction orders and sought relief from the court.
Finding of the Court:
The court found that the respondent-wife proceeded with the divorce petition and obtained a decree despite the injunction orders passed by the court. The court also addressed the execution of the foreign court's decree and disposed of the appeal and contempt petition by making the order dated 01.04.2015 absolute.
Issues: Violation of injunction orders, enforceability of foreign decrees in India, and execution of the foreign court's decree.
Ratio Decidendi: The court held that the respondent-wife's actions constituted a violation of the injunction orders and addressed the enforceability of the foreign court's decree in India. The court also clarified the appellant-husband's rights to resist the execution of the foreign decree in India.
Final Decision: The Civil Appeal and Contempt Petition were disposed of by making the order dated 01.04.2015 absolute.
ORDER :
1. Leave granted.
2. Having regard to the nature of the order we propose to pass, it is not necessary to take note of the facts in detail. Only material facts are stated, which are as under:
3. The appellant was the husband of the respondent. Both were living in Ohio, USA. Some disputes arose between them which led to the matrimonial discord. It resulted in filing of various proceedings by the respondent-wife against the appellant-husband herein. The respondent-wife has obtained decree of divorce from US Court. Even the appellant-husband filed divorce petition against the respondent-wife in India in which a decree of divorce has been granted. Thus, insofar as separation of the appellant-husband from the respondent-wife is concerned, that has attained finality.
4. The appellant-husband had contested the proceedings in US for some time but thereafter he came back to India in the year 2004. Fearing that those proceedings shall continue ex-parte and may result in orders/decrees passed by the US Court adversely affecting his interest, the appellant-husband filed a petition in the Family Court Bandra, Mumbai seeking Anti Suit Injunction. In the said suit, he also filed an application for grant of temporary injunction restraining the respondent-wife from pursuing the divorce petition in which the respondent-wife had also claimed maintenance. The Family Court Bandra, Mumbai vide its order dated 08.12.2011 dismissed the said application thereby rejecting the prayer for grant of injunction restraining the respondent-wife from pursuing the divorce petition. The appellant challenged that order by filing the Writ Petition in the High Court of Judicature at Bombay. The said Writ Petition has been dismissed vide impugned judgment dated 07.02.2012, thereby affirming the order of the Family Court Bandra, Mumbai. It is that judgment which is impugned in the present appeal, via special leave petition.
5. Notice was issued in the special leave petition filed by the appellant-husband and various orders were passed from time to time. It would be apposite to re-produce only two such orders, namely the orders dated 27.02.2012 and 01.04.2015. These orders are to the following effect:
Heard Ms.Indu Malhotra, learned senior counsel and perused the record including Additional Affidavit dated 25.02.2012 of the petitioner.
Subject to the petitioner depositing a sum of Rs.l crore in the Registry of this Court within a period of two months, which shall be invested in a fixed deposit in the UCO Bank Branch of the Supreme Court, issue notice to the respondent to show cause as to why leave may not be granted and she may not be restrained from continuing the proceedings pending in the Court of Common Pleas, Division of Domestic Relations, Cuyahoga Country, Ohio in Case No. DR-08-324383.
Issue notice on the petitioner's prayer for interim relief.
In the meanwhile, the respondent is directed not to continue the proceedings instituted by her in Case No. DR- 08 - 324383, pending in the Court of Common Pleas, Division of Domestic Relations, Cuyahoga Country, Ohio.
01.04.2015
I.A. No. 5 in Contempt Petition No. 192/2012 application for exemption from personal appearance on behalf of the respondent is dismissed.
Contempt Petition (C) No. 192/2012:
Till the next date of hearing, we think it is unavoidable, expedient and necessary to restrain all Courts in India from passing any Orders which implement the orders/decrees passed in any foreign Court between the parties before us including any that are in the nature of execution of orders passed in the United States of America in litigation inter parties.
List all pending applications as well as this petition for further consideration on a non-miscellaneous day in the month of July, 2015.”
6. Notwithstanding the aforesaid orders, the respondent-wife pursued the proceedings in US Court and Court of Common Pleas, Cuyahog County, Ohio, USA passed the judgment and decree dated 18.09.2012 in favour of the respondent-wife gra
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